Legislative Branch 101 (1) (1)

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Houston Community College *

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1411

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Political Science

Date

Oct 30, 2023

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Warm-Up in Canvas  How many branches of government do we have in the United States?  Why don’t we have just one?  Should we have more or less branches? Why?

The Legislative Branch Article I: Congress Article I Congress

The U.S. Congress  Bicameral-two chambers  Senate  100 members (2 from each state)  Six years  House  435 members  2 years  Reapportioned after each census

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Congressional Duties  Make the Laws  Representatives of their constituents- the citizens they represent and who voted for them

Powers of Congress – Article 1  Raise and collect taxes  Borrow money  Regulate commerce  Set laws for Naturalization and Bankruptcy  Coin Money  Punish counterfeiting  Post office  Copyrights and patents  Set up courts  Declare war  Establish the military and National guard  Make rules and allot funds for the military and National guard  Punish pirates  Run Washington D.C. and all federal property  Elastic clause- implied power

ELASTIC CLAUSE  The necessary and proper clause gives Congress the power to make laws “necessary and proper” to carry out the delegated duties  Also known as the ‘elastic clause’ it stretches the power given Congress

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Congressional Powers  Implied Powers- powers of Congress not explicitly stated in the Constitution  Ties in with the Necessary & Proper Clause  Expressed Powers-Powers of Congress explicitly stated in the Constitution  Article 1 more specifically

Congress  Both houses :  Must keep a Journal :  The Congressional Record  Must hold sessions at the same time :  Sessions begin January 3 rd each year  Must have a quorum to do business:  51% of members present on the floor

Congress  Both houses make their own rules for behavior and punishments  Censure: formally reprimand , written in the record  Fines and penalties may be set for some offenses  Expulsion : members with gross misconduct may be thrown out of office

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Privileges and Compensation of Congress members : Salary $174,000 per year Medical and dental benefits Free office, parking, and trips to home state Staff budget Tax break on second home Franking privilege- free postage on all mail to constituents

Privileges and Compensation of Congress members : Immunity or legal protection : - Cannot be sued of anything they say or write while carrying out their duties - Cannot be arrested for minor offenses while Congress is in session - May not hold in other political office at the same time

Powers denied Congress  Cannot suspend the writ of Habeas Corpus - must show cause for holding a suspect except in wartime  No ex post facto law- cannot punish a person for an act committed before there was a law against it .

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