ARTICLE ONE

Requirements, Duties, and Characteristics of the Legislative Branch.

Terms from Article 1

Bicameral Speaker of the House Impeach President pro Tempore Legislate Equal Representation Proportional Representation Bill of Attainder Ex Post Facto law Great compromise Direct Election Congressional District Whip Naturalization Taxes Vesting Clause Elastic Clause Habeas Corpus

What is Fair?
How should representing the states balance the big and the small? (Continuation of our We the People lessons) NJ Plan:
Equal Representation

VA Plan:
Proportional Representation

Pro: all have equal say. Con: peoples votes arent equal.

vs

Pro: peoples votes are now weighted evenly. Con: small states have little say

Great Compromise:
Create a legislature with 2 houses, balance responsibilities between the two, and create a more perfect union of big and small.

Bicameral Legislature
Article 1, Section 1: which shall consist of a Senate and House of Representatives.

Our Congress is split in two houses:

The House of Representatives is determined on a States Population (proportional representation). Each state sends 2 Senators to the other part of congress, the Senate (equal representation).

The Senate is 100 people, cant change without adding/subtracting states. The House is 435 people, but is divided differently every 10 years to reflect the latest census/population figures.

Characteristics of the 2 Houses

Article 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)
Senate 6 Years 30 Years Old Live anywhere in state Length of Term Age Minimum Residency Requirement Citizenship Requirement Total # From IL More Like: House of Representatives 2 Years 25 Years Old Live in district

9 year US citizen

7 year US citizen

100 2
New Jersey (NJ) Plan favors small states

435 18 Virginia (VA) Plan favors big states

All Reps/Senators are elected by direct election the people vote directly for them.

Our Congress People Are:

Representative Bill Foster (D) 11th District Serving in his first term. Senator Dick Durbin (D)

Serving in his 17th year (3rd term) * up for reelection in 14*

Senator Mark Kirk(R)

Serving in his 3rd year (1 term)

*up for reelection in 16*

Leadership of the House

Article 1, Section 2, Clause 5: The House of Representatives shall choose their Speaker and other Officers

Speaker of the House is voted on by the Representatives.

Currently

John Boehner (R-OH) Considered to be the most powerful person in the US, as s/he controls which bills get voted on and when.

Republicans and Democrats also elect leaders to represent their causes, mainly the Minority Leader.
Currently

Nancy Pelosi (D-CA)

Whips: both parties have them responsible for

Leadership of the Senate

Article 1, Section 3, Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Vice President leads the Senate as the President of the Senate.
The Vice President only votes to break ties. The VP does not run day-to-day business Acts as a presence to remind the Senate of the Presidents wishes and power.

Article 1, Section 3, Clause 5: The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.

The Senators also elect the president pro tempore. (Daniel Inouye of D HI)
Leads

most day-to-day business. Usually the longest serving person in the Senate

Impeachment Process
Article 1, Section 2, Clause 5; Section 3, Clauses 6 & 7

Other Requirements and Things

Article 1, Sections 4, 5, & 6

Since 1872, Congress requires all states to hold elections for Senators and Reps on the same day. Each house sets quorum:

Senate/House cannot vote with a minimum number of Senators/Representatives present (51 in Senate, 218 in House)

Rules are set (and are very long and detailed). Congressional Record all votes, speeches and actions are recorded everyday and available online. $$$ - All make $170 k, with leadership making more. Cannot be arrested or sued (immunity) for something they say during debate, unless it is a criminal act. Cannot hold another government job while serving in

Congress Primary Job: Make Laws

Article 1, Section 7: Law Making Process

Vesting clause: all the governments power to write laws lies in the legislative branch. Nowhere else. We will do an activity later called How a Bill Becomes a Law (HABBAL) to further explain this.

Enumerated powers of Congress

Article 1, Section 8, Clauses 1-18: Congress shall have the power

Collect Taxes for the common defense and

general welfare
Taxes must be the same in all parts of the country. Also gives Congress power to spend money like Paige at the mall!

Borrow money through bonds bought by Americans. Establish laws on Naturalization:

The process by which an immigrant becomes an American citizen.

Regulate all trade (between states or countries). Punish pirates!

Enumerated powers of Congress Cont Article 1, Section 8, Clauses 1-18: Congress shall have the
power

Coin Money!
Determine

the value of each piece. Also regulates weights and measures.

Punish counterfeiting. Establish Post Offices, delivery of mail. Develop a system of patents and copyrights. Establish courts.

Congress

determines the number of courts and judges at each inferior, or lower court (as in lower than the Supreme Court).

Enumerated powers of Congress Cont

Article 1, Section 8, Clauses 1-18: Congress shall have the power

Military Powers:
Declare

War: The President may NOT do this! Create and fund the Army, Navy. Make rules and raise/spend money for it. Call for the militia (or National Guard) defend nation. Begin a draft, if necessary.

to

Elastic Clause Congress greatest power!

make
Also

all laws necessary and proper. Congress can make laws it feels are needed.
called the general welfare and necessary and proper clause.

Congress May Not:

Article 1, Section 9: Powers denied to the Federal government.

Suspend Habeas Corpus

Cant be arrested without proof.

Create Ex post facto laws

EPF laws are created to punish something LEGAL by making a new law to make that act ILLEGAL. You cannot be arrested for actions in the past.

Create a Royalty Tax Exports Spend money without passing a law first Pass bills of attainder