First Branch: Legislative - iCivics PDF

Name __________________________ First Branch: Legislative First Up! Maybe it’s just a coincidence that the first article of the Constitution creates the legislative...

Name __________________________ First Branch: Legislative First Up! Maybe it’s just a coincidence that the first article of the Constitution creates the legislative branch. This branch of government creates our laws, or legislation. You probably also know the legislative branch as Congress. Our Founders created three co-equal branches of government. But let’s face it, lawmaking is, well, important. And the legislative branch does more than just legislate. Expressed Powers Article I of the Constitution gives the legislative branch two types of power, expressed and implied. Expressed (or enumerated) powers are powers that are named. If you D ID YOU KNOW ? skim the Constitution, you can find them listed word-for- word. Expressed powers include the power to raise taxes, O NE OF CONGRESS’ propose changes to the Constitution, create federal courts EXPRESSED POWERS IS THE and money, protect creative works through copyrights, establish a post office, and so much more. The legislative POWER TO HIRE PIRATES TO branch has 27 expressed powers. Not all of them have to ATTACK FOREIGN ENEMIES ? do with lawmaking. Congress also has the power to declare war, approve presidential appointments and treaties, handle impeachment, and it works with the president to pass a federal budget each year. Implied Powers The Constitution also gives Congress the power to make laws that are “necessary and proper” for carrying out its expressed powers. This is how the legislative branch gets implied powers—powers that aren’t listed in the Constitution line for line, but that Congress needs in order to do its job. This “Necessary and Proper” Clause, also known as the Elastic Clause, is found in Article I of the Constitution. It makes it possible for Congress to take whatever action is needed to make our country better and more secure. For instance, the Constitution says that Congress can borrow money, make and set the value for it, and collect taxes. In order to do these things, it became necessary for Congress to create a national bank— even though the Constitution didn’t say directly that Congress could. Often implied powers are challenged in federal courts since it can be unclear whether Congress really has the authority to perform actions not clearly written out. © 2023 iCivics, Inc. 1  Name __________________________ First Branch: Legislative Article I: Structure Article I of the Constitution also established the legislative House of branch’s structure. It breaks Congress into two bodies, Representatives Senate sometimes called houses and sometimes called chambers. This two-body structure is referred to as bicameral. Both houses work together to create laws. They also perform other responsibilities, sometimes together and sometimes independently. Population: Our bicameral legislature was our Founders’ way of balancing 989,948 what large and small states wanted when they created our 2 Senators government. With only one chamber, large states would 1 Representatives have controlled Congress if representation had been based on population alone. If each state received the same number of representatives, small and large states would have had an equal voice. But would it be fair for states with more citizens Population: 10,711,908 per representative to have less say? The Founders met in the middle. 2 Senators The Great Compromise established an upper house called the Senate 14 Representatives with equal representation for each state and a lower house called the House of Representatives with representation based on each state’s population. The Senate has 100 members, two for each state. The House of Representatives has 435 voting members reapportioned (distributed) among the states every 10 years according to the census count of each state’s population. The Senate Senators represent their entire state. They are elected in staggered six-year terms. Basically, one-third of the Senate is elected every two years, so there’s less pressure on Senators to be influenced by short-lived opinions from the public. In fact, the Founders created the Senate as a way to balance Congress and stabilize the faster action of the House of Representatives. While House membership changes frequently, the Senate was designed to protect states’ rights and be a more continuous, older, and more experienced body of representatives. Aside from passing bills, the Senate acts like The Constitution has a jury to try impeachment trials, approves treaties between the United States and other three requirements for nations, and confirms presidential appointees someone to be a Senator: (including presidential cabinet members and A person must be at least Supreme Court justices). Because of its size, the 30 years old, must have Senate also doesn’t have to limit debate on new legislation. A Senator can talk for as long as they been a citizen for at least want about a bill. If a Senator uses the debate on 9 years, and must live in purpose to stall or stop them from voting on the the state they will represent bill, their speech becomes known as a filibuster. when they are elected. © 2023 iCivics, Inc. 2  Name __________________________ First Branch: Legislative House of Representatives The House of Representatives (usually just called the House) was designed to be able to respond to the will of the people. It’s the only branch of government that has been directly elected by American voters since it was created. (Senators were originally elected by state legislatures.) House members are elected by and represent the people in one area of their state called a district. Voters elect House members every two years, which means that if representatives want to be reelected, they need to prove that they’re working for what their constituents want. Of course, the House and the Senate both write and pass legislation. Both bodies do most of their To be a member of the work in committees. Think of it as small group House of Representatives: work. Committees are organized by topic and tasked with gathering information, reviewing and A person must be at amending bills, keeping an eye on government least 25 years old, must operations, and making recommendations about have been a citizen for at the topics their committee oversees. But the House is different from the Senate in some ways. Bills least 7 years, and must about taxes start in the House. And only the House live in the state they will can impeach the president, a federal judge, or other represent when they are federal official. It also has the job of electing the elected. president in the event of an Electoral College tie. Bills must go through the proper committees before they can become laws. Committees in Congress are organized around special interests like: Health Education Homeland Security Agriculture Armed Services Energy Foreign Affairs Environment Small Business Committees gather information, hold hearings, and write or revise bills. Most bills never make it out of committee and back to the floor for a full vote. Because the House is larger than the Senate, things work differently there. When a bill is brought to the House floor for a vote, representatives must first agree to and pass a “rule” about it. The rule sets the amount of time that representatives can debate about the bill and if they will be allowed to offer amendments to it or not. Usually, time to discuss the bill is split between those who support it and those who do not. With 435 voting members plus five members representing Washington, D.C. and the U.S. territories, it’s impossible for each member to speak on a bill, so representatives usually band together by choosing members with a similar view to speak. © 2023 iCivics, Inc. 3  Name __________________________ First Branch: Legislative The Truth about Lawmaking Bills can start in the House or the Senate, but both chambers must agree to the same version of a bill before it can be sent to the President to be approved or vetoed. You might be wondering why it can sometimes seem like Congress has a hard time agreeing on bills, especially when those bills seem like perfectly good ideas to you and those around you. Each Congress stays in session for about two years, and in that time anywhere from 10,000–16,000 bills are introduced! Less than 4% of them become laws. And while fewer bills are becoming laws, something interesting is happening. Bills are growing larger in length. So why do bills fail in Congress? Aren’t our representatives supposed to deliver what the public wants? The simple answer is yes. But when it comes to government, the answers are never as simple as a textbook might make them seem. How a Bill Becomes a Law: If the committee denies, If floor vote is a no, BILL DIES BILL DIES START HERE If president approves, BILL BECOMES LAW Bill INTRODUCED COMMITTEE votes Bill must pass the in House or Senate to approve the bill FLOOR VOTE Bill introduced in COMMITTEE votes Bill must pass the PRESIDENT approves OTHER CHAMBER to approve the bill FLOOR VOTE or vetoes the bill If the committee denies, If floor vote is a no, If president vetoes, BILL DIES BILL DIES both chambers must override with 2/3 vote If chambers don’t override, BILL DIES If chambers override, BILL BECOMES LAW Slow by Design, Slow by Chance The truth is that lawmaking takes a lot of time by design. A bill requires a simple majority (one more than half) in both houses before it can pass. That’s 218 legislators in the House and 51 in the Senate, representing people with a diversity of ideals. So while you might think that a bill sounds like a good idea, that doesn’t mean that everyone does. Party politics affects the lawmaking process when the two main parties want a bill to tend to an issue in different ways. If Congress or the government is divided—meaning that 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—actually passing a bill can be especially difficult when parties can’t find common ground or agree. For some Americans, this type of congressional “gridlock” is positive. It ensures that decision-making is careful, thoughtful, and well-supported. For others, it delays the changes and progress they hope to see the country make. How fast do you want Congress to work? Would your answer change depending on the issue? Or if you talked to people who held views that are different from yours? While lawmaking can be slow (and there are downsides to that), a process enabling bills to pass too quickly could have its downsides as well. © 2023 iCivics, Inc. 4  SPOTLIGHT Name __________________________ First Branch: Legislative Spotlight On: Keeping up with the Legislative Branch Lawmaking may be messy, but Congress needs you. Here are some ways that you can get involved or keep up with what’s happening in Congress: Contact Your Legislator: This tried-and-true method ensures that your legislators know how you feel about issues and bills that matter to you. Wondering how to contact your senators or representatives? Try their website, a phone call, letter, or email. You can also follow your legislators on social media to see what bills they’re personally supporting or introducing in Congress. Consult the Media: The media covers news on big congressional moves and legislation. Pick a few trusted sources and check-in on reports or commentary daily. You can even watch debates and floor proceedings in real time on networks like C-SPAN. If you’re following one action in particular, be sure to consult networks that will present a variety of views to help avoid biased or slanted coverage. Use the Web or an App: There are several websites and apps that can help you track what Congress is doing, what the votes are on a bill, if it gets passed, and the reasons why (or why not). You can also track how many times a bill gets introduced. Sometimes, bills have to be introduced several times before they actually make their way through the lawmaking process. Propose an Idea for a Bill: See a problem that legislation can fix? Come up with a way a bill could address it. While only a representative or senator can introduce a bill in Congress, ideas can come from anyone, even you! And you can drum up support by having those who like your idea contact their legislators to let them know. Campaign for Congress: Sure, you’ll need to wait until you’re of age, but a sure-fire way to keep up with Congress is to be there yourself. Run when you’re old enough. You’ll need to be at least 25 years old, a resident in the state that you’ll represent, and a citizen of the United States for at least seven years to campaign for the House of Representatives. To run for the Senate, up the age requirement to 30 and the citizenship status to nine years. If running isn’t your thing, you can always campaign for or make a donation to a candidate you believe in. © 2023 iCivics, Inc. 5