Legislative Branch: Enacting Laws

Characteristics of U.S. House of Representatives & U.S. Senate

• The House of Representatives has 435 members.
• The number of representatives is based on each state's population.
• Members of the House serve two-year terms.
• Representatives represent districts within a state.
• The Senate has 100 members, with two senators per state, regardless of population size.
• Senators serve six-year terms.
• Senators represent the entire state.

Election Frequency & Terms

• House members are elected every two years.
• One-third of the Senate is elected every two years, with each senator serving a six-year term.

Qualifications to Serve in the House

• A formal qualification is being at least 25 years old.
• Candidates must be a U.S. citizen for at least seven years.
• Candidates must reside in the state they represent.
• An informal qualification is a strong political background.
• Name recognition and fundraising ability are informal qualifications too.

Qualifications to Serve in the Senate

• A formal qualification is being at least 30 years old.
• Candidates must be a U.S. citizen for at least nine years.
• Candidates must reside in the state they represent.
• Informal qualifications include legal or political experience, fundraising ability, and strong leadership.

Incumbent Advantage

• Reelection rates are high: around 90% in the House and 80% in the Senate.
• Incumbents have advantages due to name recognition.
• Fundraising, casework for constituents, experience, and party support also help with reelection.

Reapportionment, Redistricting & Gerrymandering

• Reapportionment involves redistributing House seats every 10 years based on the Census.
• Congress controls reapportionment.
• Redistricting redraws congressional district lines within a state, controlled by state legislatures.
• Gerrymandering, which is controlled by state legislatures, manipulates district boundaries to favor a party.
• Gerrymandering is often challenged in courts.

Leadership in House & Senate

• The Speaker of the House leads the House.
• The Speaker assigns bills to committees.
• The Speaker influences the legislative agenda.
• Majority/Minority Leaders guide party policy.
• Majority/Minority Leaders strategize legislative priorities.
• Whips ensure party members vote along party lines.
• The Vice President presides over the Senate.
• The Vice President casts tie-breaking votes in the Senate.
• The President Pro Tempore is a senior senator from the majority party who serves a ceremonial role.
• Majority/Minority Leaders shape the legislative agenda and negotiate bills.

Congressional Committees

• A standing committee focuses on key policy areas and is permanent.
• A subcommittee is a division of a standing committee for more specialized tasks.
• The Rules Committee controls debate rules for bills in the House.
• A conference committee resolves differences between House and Senate versions of a bill.

Steps for a Bill to Become Law

• A member of Congress introduces a bill.
• The bill is assigned to a committee for discussion/amendments after introduction.
• Each chamber debates and votes on the bills after the committee review.
• A conference committee merges House & Senate versions of the bill, if needed.
• Both chambers vote on the final bill.
• The President can sign, veto, or allow a bill to become law.

Pork Barrel Legislation & Logrolling

• Pork barrel legislation involves government spending on localized projects to win votes.
• Logrolling occurs when lawmakers trade votes to pass legislation beneficial to each other.

Where Most Legislative Work Happens

• Most legislative work happens in committees.
• Bills are researched, debated, and revised in committees before reaching the floor.

Primary Responsibilities of Congress

• The House initiates tax bills.
• The House impeaches officials.
• The Senate confirms presidential appointments.
• The Senate ratifies treaties.
• The Senate holds impeachment trials.

How Congress Checks the President

• Congress can override vetoes.
• Congress can impeach and remove the President.
• Congress can approve/reject appointments and treaties.
• Congress controls the budget.

Qualifications to Serve as President

• A formal qualification is being at least 35 years old.
• Each candidate must be a natural-born U.S. citizen.
• Candidates must have lived in the U.S. for 14 years.
• Informal qualifications include political experience, leadership ability, communication skills, and party support.

Roles of the President

• The Chief Administrator oversees federal agencies and executive branch employees.
• The Chief Legislator influences lawmaking and can veto or sign bills.
• The Chief of State is a symbolic leader of the nation and represents the U.S. at ceremonies.
• The Commander in Chief directs the military.
• The Chief Diplomat directs foreign policy and negotiates treaties.

How the President is Elected

• Citizens vote, and then the Electoral College casts official votes.
• A winner needs 270 electoral votes.

If No Electoral College Majority

• The House of Representatives elects the President.

Presidential Term

• Presidents are elected for a four-year term, limited to two terms (or 10 years max) under the 22nd Amendment.

Impeachment Process

• The House votes to impeach with a simple majority.
• The Senate holds a trial, and a 2/3 vote is needed to convict.
• Andrew Johnson, Bill Clinton, and Donald Trump (twice) have been impeached, but none were removed.

Vice President's Role

• The Vice President presides over the Senate and casts tie-breaking votes.
• The Vice President assumes presidency if the President is unable to serve.

Presidential Line of Succession

• The Vice President is first in line.
• The Speaker of the House is second.
• The President Pro Tempore of the Senate is third.

Presidential Oversight of the Budget

• Authority comes from the Budget and Accounting Act (1921).
• The President prepares the budget with the Office of Management and Budget (OMB).

Growth of Government

• Major expansions occurred during the New Deal (1930s) and Great Society (1960s).

How the President Checks Congress

• The President uses veto power.
• The President uses executive orders.
• The President uses executive agreements (like treaties but without Senate approval).

Court Established by Article III

• The Supreme Court was established by Article III.

Who Creates Additional Courts?

• Congress creates additional courts.

U.S. Court System

• The U.S. has a dual court system with federal and state courts

Federal Court Structure

• District Courts (94 total) handle trials.
• Courts of Appeal (13 circuits) hear appeals from lower courts.
• The Supreme Court is the final authority on constitutional issues.

Judge Selection & Term

• Judges are appointed by the President and confirmed by the Senate.
• Judges serve for life.

Factors in Judicial Appointments

• Legal experience is a factor.
• Ideology is a factor.
• Political support is a factor.

Jurisdiction

• Original jurisdiction involves hearing a case for the first time.
• Appellate jurisdiction involves reviewing lower court decisions.

Civil vs. Criminal Law

• Civil law involves disputes between people/entities.
• Criminal law involves violations of laws punishable by fines/prison.

Writ of Certiorari

• The Supreme Court agrees to hear a case when four justices approve, which is known as the "Rule of Four."

Supreme Court Opinions

• The majority opinion is the official ruling.
• A plurality opinion means there is no single majority opinion.
• A concurring opinion means agreeing with the ruling, but for different reasons.
• A dissenting opinion means disagreeing with the ruling.

Judicial Review & Marbury v. Madison

• Judicial review is the power to declare laws unconstitutional.
• This power was established in Marbury v. Madison (1803).

Amicus Curiae Brief

• "Friend of the court" briefs are submitted by outside parties to influence decisions.