US Legislative Branch

• The first article of the Constitution establishes the legislative branch.

Legislative Branch

• The Legislative branch creates laws, also known as legislation.
• The legislative branch also goes by the name Congress.
• The Founders created three co-equal branches of government, emphasizing the importance of lawmaking.

Expressed Powers

• Article I provides two types of power to the legislative branch; expressed and implied.
• Expressed powers, also known as enumerated powers, are specifically named in the Constitution.
• Expressed powers include taxation, proposing constitutional changes, creating federal courts/money, copyrighting, and establishing post offices.
• The legislative branch has 27 expressed powers, not all related to lawmaking.
• Congress can declare war, approve appointments/treaties, handle impeachments, and work with the president on the budget.
• Congress has the expressed power to hire pirates to attack foreign enemies

Implied Powers

• Congress can make laws "necessary and proper" to execute its expressed powers.
• Implied powers aren't listed in the Constitution but are needed for Congress to do its job.
• The "Necessary and Proper" Clause, or Elastic Clause, is in Article I.
• The "Necessary and Proper" Clause allows Congress to take action to improve and secure the country.
• Congress can borrow money, make/set its value, and collect taxes.
• Congress created a national bank even though the Constitution did not directly state that Congress could.
• Implied powers are often challenged in federal courts due to unclear authority.

Article I: Structure

• Article I establishes the legislative branch's structure, dividing Congress into two bodies: houses or chambers.
• This two-body structure is called bicameral.
• Both houses work together to create laws and have responsibilities, sometimes jointly and sometimes separately.
• The bicameral legislature was a way to balance the desires of large and small states in the government's creation.
• The Great Compromise established the Senate (upper house) with equal representation and the House of Representatives (lower house) with representation based on population.
• The Senate has 100 members, with two from each state.
• The House of Representatives has 435 voting members, reapportioned among states every 10 years based on census data.

The Senate

• Senators represent their entire state and are elected to staggered six-year terms.
• One-third of the Senate is elected every two years.
• The Senate stabilizes the faster action of the House.
• The Senate protects states' rights and is a more continuous, older, and more experienced body.
• Senator requirements: at least 30 years old, a citizen for at least 9 years, and lives in the state they represent.
• The Senate acts as a jury for impeachment trials, approves treaties, and confirms presidential appointees like cabinet members and Supreme Court justices.
• The Senate does not have to limit debate on new legislation due to its size.
• A filibuster is when a Senator uses debate to stall or stop a bill.

House of Representatives

• The House of Representatives can respond to the will of the people.
• It is the only government branch directly elected by American voters since its creation.
• House members are elected by and represent people in one area of their state known as a district.
• Voters elect House members every two years.
• Representatives need to prove they're working for their constituents to get reelected.
• Both the House and Senate write and pass legislation, mainly working in committees.
• Committees are organized by topic and gather information, review/amend bills, oversee government operations, and make recommendations.
• Bills about taxes start in the House.
• Only the House can impeach the president, a federal judge, or other federal official.
• The House elects the president if there is an Electoral College tie.
• House of Representative member requirements: at least 25 years old, citizen for at least 7 years, and lives in the state they represent.
• Bills must go through committees before becoming laws.
• Committees in Congress are organized around special interests like health, agriculture, education, armed services, homeland security, etc.
• Committees gather information, hold hearings, and write or revise bills.
• Most bills remain within committee and never reach the full vote stage.
• Representatives must first agree to and pass a "rule" about the bill when it is brought to the House floor for a vote.
• The "rule sets" the time for debate and whether amendments are allowed.
• Time to discuss the bill is usually split between supporters and opponents.
• Representatives with similar views band together to speak due to the large number of members (435 voting members, plus five representing Washington, D.C. and the U.S. territories).

The Truth about Lawmaking

• Both the House and Senate must agree to the same bill version before it is sent to the President.
• Congress can struggle to agree on bills.
• Each Congress stays in session for about two years, introducing 10,000–16,000 bills.
• Less than 4% of those bills become laws and are becoming larger in length.

How a Bill Becomes a Law

• Bill is introduced in House or Senate.
• If the committee denies, the bill dies.
• Committee votes to approve the bill.
• Bill must pass the floor vote.
• If floor vote is a no, the bill dies.
• If president approves, the bill becomes law.
• Bill is introduced in the other chamber.
• Committee votes to approve the bill.
• Bill must pass the floor vote.
• President approves or vetoes the bill.
• If the committee denies, the bill dies.
• If floor vote is a no, the bill dies.
• If president vetoes, both chambers must override with 2/3 vote.
• If chambers do not override, the bill dies.
• If chambers override, the bill becomes law.

Slow by Design, Slow by Chance

• Lawmaking takes time by design.
• A bill requires a simple majority (one more than half) in both houses to pass.
• 218 legislators in the House and 51 in the Senate represent people with diverse ideals.
• Party politics affects the lawmaking process when the main parties want a bill to tend to an issue in different ways.
• Divided government: the legislative branch or one house of Congress is controlled by one political party while the executive branch or other house is controlled by another.
• Passing a bill can be especially difficult if parties can't find common ground or agree.
• Congressional “gridlock" ensures careful, thoughtful, and well-supported decision-making but delays changes.

Spotlight On: Keeping up with the Legislative Branch

• The public can get involved or keep up with what's happening in Congress.
• Contact legislators through their website, phone, letter, or email.
• Follow legislators on social media to see the bills they're supporting or introducing. Consult the Media:
• Pick trusted sources and check reports/commentary daily.
• Watch debates and floor proceedings on networks like C-SPAN.
• Use the Web or an App to track what Congress is doing, what the votes are on a bill, if it gets passed, and the reasons why (or why not).
• Track how many times a bill gets introduced
• Propose Bill Ideas: you can drum up support by having those who like your idea contact their legislators to let them know.
• Campaign for Congress if over 25 years old, a resident in the state to represent, and a citizen of the U.S. for at least seven years to campaign for the House of Representatives. To run for the Senate
• Must be over 30.
• Must have citizenship status of nine years.
• Can campaign for, or donate to, a candidate to believe in.

Explore the rules and processes governing the US legislative branch. Understand how bills are debated and passed in the House and Senate. Learn about expressed and implied powers within the government.