Government Lawmaking/Legislative Branch

Study List

Chapter 10: Page 265

  1. Bicameral Legislature-It is a law-making body made up of two chambers. The U.S. Congress is such a body with its Senate and House of Representatives.
  2. Unicameral Legislature-It is a representative assembly consisting of one house. The U.S. had this under the Articles of Confederation government.
  3. Congress-It is the head of the legislative branch of our national government. As set forth in the constitution, it is made up of the House of Representatives and the Senate. Its major purpose is to make laws for the United States. It consists of 535 elected members who represent their states.
  4. Legislative Power-It is the basic government power which Congress has the responsibility for doing. In brief, it is the power to make laws.
  5. Congressional Term-It is the meeting period of each Congress. Its length is two years.
  6. Congressional Session-It is division of a term of Congress. There are two regular ones each term. Each one of these last about a year in length.
  7. Recesses-They are short breaks during the session of Congress such as at Thanksgiving, Christmas, and other Holidays
  8. Adjourn – To stop business and proceedings for a time. Congress does this when the two chambers agree to end a Session.
  9. Special Sessions – The president has the power to call Congress into a meeting to deal with some emergency situation. This has been rare and the last time was by President Truman in 1948.

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  1. House of Representatives-It is one of the chambers of Congress. It has 435 members, who are elected every two years by popular vote. Its membership representation is based on a states population.
  2. Apportion – Distribute. As in the House of Representatives seats are distributed (or reapportioned) among the States based on population after the every decade census.
  3. Reapportionment Act of 1929-It is the law that permanently set the size of the House of Representatives at 435 and directed the Census Bureau to determine how many seats each state should receive according to the census results each decade.
  4. Off-Year Elections – Congressional election that are held in non-presidential election years.
  5. Congressional District-It is the geographic area that is representative by a Congressperson. Michigan has 16 of these until the 2002 elections when we will have 15.
  6. Gerrymander-It is the drawing of reapportioned boundaries to favor a political party.

  1. Representative-It is an occupation or position held by only 435 people and they do so for only two years at a time. To formally qualify they must be at least 25 years old, citizens of the U.S. for seven years and legal residents of the state they are elected from. Near the end of each two years these office holders must face an election, if they want to continue in their government position.

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  1. Senate-It is one of the chambers of Congress. It has 100 members with six-year terms. One third of this body is up for election every two years. Each state has only two of these representatives elected from the whole state at any one time.
  2. Incumbents-They are the current holders of elected office.
  3. Terms of Office-They are the length of time Representatives and Senators hold office. Representatives are elected for two years and Senators for six years.
  4. Continuous Body – This means, unlike the House, the Senates never has all of its seats up for re-election at the same time.
  5. Constituencies – The people and interests Senators (and Representatives) answer to.
  6. Constituents-They are voters. They are the people a Congressperson represents.
  7. Senator-It is an occupation or position held by only 100 people and they do so for six years at a time. To formally qualify they must be 30 years old, citizens of the U.S. for 9 years and legal residents of the state they are elected from. At the end of each two years one-third of these individuals must face an election, if they want to continue in their government position.
  8. Discipline of Members-It is the punishment of members of Congress for misconduct. This is done through reprimand, censure, and expulsion.

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  1. Average Congressperson-They are white men with very high income, and many of them are lawyers. Their religion is mostly Protestant. Their income from their elected occupation is over 162,000.00 dollars each year.
  2. Policymaker-It is a role of a member of Congress. It is required by the Constitution that the members help set the course of action on matters. To do this they conduct investigations about problems, research, and decide on bills and vote intelligently.
  3. Representative-It is a role of a member of Congress. It is expected each member will reflect the views of “the folks back home.” It can be done by voting the preference of the constituents as an instructed delegate /or their own best judgment as trustee / or vote in line as their party platform and leaders want (partisanship).
  4. Constituent Servant-It is a role of a member of Congress. It is the working as intermediaries between citizens and the federal bureaucracy. This is the role of doing the casework.
  5. Politician and Party Member-It is a role of a member of Congress. It is the role of getting reelected so he/she can continue to be a policy maker, constituent servant, representative, etc.
  6. Oversight Function-It is the power of Congress to examine how well the Executive and Judicial Branches carry out the laws passed by Congress. Congress acts as a formal watchdog when it does this.
  7. Franking Privilege-It is the free mail service enjoyed by Congressmen and Congresswomen. Its purpose is to keep voters informed about current issues and the persons voting record.
  8. Congressional Immunity-It is the protection in the Constitution, which guarantees Freedom of Speech to members of Congress while they are conducting Congressional business.

Chapter 11 Page 292

  1. Expressed Powers-They are the powers of Congress spelled out in the Constitution in so many words. They are listed in Article 1, Section 8. Examples include the power to tax, spend money, regulate interstate commerce, coin money, declare war, etc.
  2. Implied Powers-They are powers of Congress as given in Article 1 Section 8, Clause 18, the Elastic Clause. It says Congress can make all laws necessary and proper for carrying out expressed powers.
  3. Inherent Powers-They are national government powers that exist simply because the national government exists. The power to conduct foreign policy is one of these.
  4. Strict Constructionists – View of the Constitution that Congress and the President should exercise expressed powers of the Constitution and have implied powers limited to carrying out those expressed powers. The Constitutional powers given tothe states is respected and protected. As Thomas Jefferson put it, “that government is best which governs least.”
  5. Liberal Constructionists –View of the Constitution that Congress and President should have an “energetic government,” which has broad implied powers to carry out the expressed powers. This has resulted in reducing State powers and a “government knows best” attitude.

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  1. Taxes– Fees and charges by government on people and property.
  2. Direct Tax – Tax that must be paid directly to the government by the person on whom it is imposed. Income and property taxes are examples.
  3. Indirect Tax – Tax paid by one personthen passed on to the government by another. Sales and cigarette taxes are examples.
  4. Commerce Power –The power of Congress to regulateinterstate and foreign trade.
  5. Gibbons v.Ogden – The 1824 case where the Supreme Court decide whether or not a state of New York law prohibiting vessels licensed by the national government from being its was Constitutional. The Court said the monopoly granted by New York conflicted with a valid federal law. It said Congress can legislate and regulate all matters of interstate commerce as long as there is some commercial connection with another state. This has proved to be the major way the federal government has broadened its power.

  1. Commerce Power Limits – (1)Congress cannot tax exports. (2) Congress cannot favor the ports of one State over another. (3) Congress cannot charge taxes for vessels to go from one state to another. (4) Congress could not interfere with slave trade until 1808.
  2. “Power of the Purse”-It is one of the most important powers of Congress. It is listed in the Constitution Article 1, Section 8, Clause 1. This clause gives Congress the power to tax and borrow money.
  3. Legal Tender – Money that a creditor must by law accept in payment for debts.
  4. Bankruptcy – Legal proceeding in which the financially distressed person’s assets are taken and distributed to the persons and businesses the person owes. The distressed person is freed from legal responsibility and can start over. Such a person is, however, considered to be a high future risk.

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  1. Naturalization-It is the legal process by which citizens of foreign countries become U.S. citizens. It means meeting requirements of residency, literacy and acceptance of the principles of American government.
  2. Copyright – The exclusive right of an author to reproduce, publish, and sell his or her creative work. Under present law this legal protection is good for the life of the author plus 70 years.
  3. Patent – A grant to a person or business the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” This protection is good for 20 years.
  4. Eminent Domain – The inherent power to take private property for public use.

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  1. Appropriates – The action of Congress assigning to a particular use. This is usually done is the form of a spending bill.
  2. Necessary and Proper-It is Article 1 Section 8, Clause 18 of the Constitution. It has been called the “elastic clause” in the Constitution. It means the national government has the implied authority to carry out its expressed powers. This was confirmed in an 1819 Supreme Court case.
  3. McCulloch v. Maryland – The issue in this important court case was whether or not the state of Maryland had the right to tax a federal agency that was properly set up by the United States Congress. The Supreme Court ruled that “the power to tax involves the power to destroy,” and that the federal government’s National Bank was immune to state taxation. The Court said that Congress could set up a United States Bank and write laws “necessary and proper” to carry out its constitutional power to coin and regulate money.
  4. Doctrine – A principle or fundamental policy.

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  1. Power to Propose Constitutional Amendments-It is a power of Congress shared with the States. It is the power to change the written words of the Constitution. Congress for its part must vote proposed changes by a two-thirds margin and then send the proposals to the States for action.
  2. Successor – A replacement or the next person to fill a position.

  1. Impeach-It is one of the Judicial Powers of Congress. It is the authority to bring formal charges against any member of the executive or judicial branches of the government accused of wrongdoing. It is the formal accusation, not the determination of guilt.
  2. Acquit – To be found not guilty.
  3. Perjury – Lying under oath.
  4. Censure – Formal condemnation
  5. Subpoena – A legal order directing one to appear in court and/or to produce certain evidence.
  6. Advice and Consent-It is the power of the Senate to approve, or not, presidential appointments and treaties.
  7. Investigative Power-It is the power of the Congress to determine where new laws are needed, review the effectiveness of current laws, and see whether or not the executive branch is administering the laws properly.

Chapter 12 Page 327

  1. State of the Union Message – The President’s duty laid out in the Constitution to report on the state of the nation to Congress. This message is about the nation’s health, major national concerns, and to propose passage of the agenda important to the administration. This is done yearly usually in January or February in a widely televised address
  2. Speaker of House-It is the top political position in the House of Representatives. The holder of this position is from the majority political party and is second in line for Presidential succession.
  3. Vice President of the U.S.-It is the political position held by the person who is directed by the Constitution to be President of the Senate. As such, he or she presides over the Senate’s debates. This person is not an elected member of the Senate and is generally only present only present at time of close votes. In case of tie, this person will cast the vote to break it.
  4. President Pro Tempore-This person is the top Senator in the Senate. This person is acting president of the Senate for a given term. This person runs the Senate debate when the Vice-President is not present.
  5. Party Caucuses-They are the private party conferences held by Republicans and Democrats in each chamber of Congress. Such things as the following are decided at these meetings: Agreement on key issues, political strategy, who the leadership in the party will be, etc.
  6. Majority Leader-It is the political position held by the member of the majority political party in the House elected by the majority caucus to be the party’s spokesperson and to keep the House party members united on issues. This person helps to plan the majority parties legislative program and organizes its passage into law.
  7. Minority Leader-It is the political position held by the member of the minority political party in the House elected by the minority caucus to be the party’s spokesperson and keep the House party members united on issues. This person helps organize opposition to the majority parties legislature program.

  1. Whips-They are the political positions held by assistants to the floor leaders in the House. They try to figure how individual party members will vote on certain issues and pressure party member to vote the way the party wants on the important issues.
  2. Committee Chairmen – Head of Congressional standing committees. The heads of these permanent committees come from the majority party. These powerful individuals decide when their committees meet, which bills they will take up, whether or not to hold public hearings and decide which witnesses to call. When a committee’s bill is on the floor this person manages the debate and tries to steer the bill to final passage.
  3. Seniority Rule – A custom providing that the most important committee posts will go to party members with the longest records of service in Congress.

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  1. Committee Member-It is a role of a member of Congress. It is how they function in conjunction with other members of Congress in the basic organizational groups that Congress has. The typical Senator is a member of eleven groups and the typical Representative a member of six.
  2. Committees-They are of three types: standing, select, and joint. They are essential in the system used in Congress to split up the thousands of bills for consideration. It is in these groups that the real work of Congress takes place
  3. Standing Committees-They are the permanent and most powerful committees of Congress. Each one deals with a certain policy such as foreign affairs, the budget, armed forces, etc. Before any bill can be considered by the whole House or Senate one of these committees must approve it.
  4. Select Committees-They are a type of Congressional committee. They are set up for specific temporary jobs such as investigation of special problems. Some well-known examples over the years include the Senate Watergate Committee and The John F. Kennedy Assassination Committee.
  5. Joint Committees-They are a type of Congressional committee. They are committees made up of members from both the House and the Senate. Most of these coordinate policy routine matters such as government printing or the Library of Congress.
  6. Conference Committee-It is a temporary joint committee of the two houses of Congress. This group works out differences between bills and comes up with identical bills to be voted on by each chamber of Congress.
  7. Leadership Committees-They are the main committees in the House, which are considered important to the majority party for their control of the House. They are the Ways and Means Committee, Rules Committee, and Appropriations Committee.

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  1. Bills-They are drafts of laws presented in the House and Senate for enactment. They come in two types either public or private.
  2. Joint Resolutions-They are formal declarations of opinions by vote of both houses of Congress, which are sent to the president for his approval. They are similar to bills. They deal with temporary matters, error correction, unusual matters, and proposed Constitutional amendments.
  3. Concurrent Resolutions-They are actions of Congress on matters not needing a law. These include such things as commemorating an anniversary, welcoming an important visitor, etc. They do not need the president’s signature and do not have the force of law.
  4. Riders-They are provisions attached to a bill unlikely to pass on its own so it is hooked up to a bill likely to pass into law. They become law, if the bill they are attached to, becomes law.
  5. Discharge Petition – A maneuver allowing committee members to force a bill that has remained in committee 30 days onto the floor for consideration. It take signatures of 218 House members as part of the process. This maneuver is rarely successful.
  6. Subcommittees-They are divisions of the committees in the House and Senate. They consist of small groups of committee members and a limited area of responsibility given them by the standing committee.
  7. Congressional Public Hearings-They are committee meetings where members of Congress gather public input and information related to bills. Witnesses may either volunteer or be forced to testify about the subject of the bill during this research process.
  8. Calendar-It is the schedule of order in which bills will be taken up on the floor. The House has five of these and the Senate one.
  9. Rules Committee-It is one of the most powerful committees in the House. It schedules consideration of bills and controls the flow of bills through the House. It also decides debate rules and the number of amendments, which can be suggested for a bill. It has the power of life and death over bills.
  10. Committee of the Whole-It is a strategy used in the House of Representatives to speed passage of urgent bills. The entire 218 to 435 members function in the role of a committee to consider, markup, debate, and then vote on legislation.
  11. Quorum-It is the requirement that a certain number of members be present at a meeting before business action can be done. In the Congress the number required is a bare majority of 218 in the House and 51 in the Senate.
  12. Amendment-It is the process of changing or modifying bills.
  13. Pigeonhole-It is the action by Congressional committee chairperson to set aside and ignore a bill.
  14. Vote-It is the formal balloting giving the collective opinion of an organization. In the House there are four types: voice, standing, teller, and roll-call. The Senate does not have the teller type. Both chambers very often use electronic counting systems.

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