The Constitution: Article I Legislative Branch

What Congress is NOT allowed to do! C3

C3 Special Laws: Congress cannot pass a law convicting or punishing a particular person. Congress cannot pass a law that punishes people for doing something that had not been against the law when they did it. (That is Ex Post Facto)

What is a power of Congress? C3

C3 To regualate commerce with Native Americans.

What Congress is NOT allowed to do! C4

C4 Direct Taxes: Congress cannot make differnet taxesfor certain people. Taxes must be the same for everyone.

What Congress is NOT allowed to do! C5

C5 Export Taxes: Congress cannot tax exports.

What is a power of Congress? C5(2)

C5(2) To coin money and set its value. To set weights and measures.

What Congress is NOT allowed to do! C6

C6 Ports: Congress does not have the power to make trade laws that would favor one state over another. Ships going from one state to another may not be taxed.

What Congress is NOT allowed to do! C7

C7 Regulations on Spending: Government money can be spent only if Congress passes a law for that purppose. An account for the money collected and spent must be kept and may public.

What is a power of Congress? C7

C7 To establish post offices and post roads.

What Congress is NOT allowed to do! C8

C8 Titles of Nobility and Gifts: Not titles of Nobility (king, duke, etc.) may be to anyone by the government. No government worker may accept a gift, title or job from a foreign country unless Congress agrees.

What is a "bill"?

A bill is a proposed law.

What is a power of Congress? C18

C18 (Known as the "elastic clause") to make all laws "nessary and proper" to carry out the powers granted in clauses 1-17

federalism

sharing of power between states and Central Government

What Congress is NOT allowed to do! C2

C2 Habeas Corpus: A writ of Habeas Corpus is a leagal order tht protects people from being held in jail on weak evidence, or none at all. (Congress can do this during war.)

What states cannot do? C2

C2 Partial Restrictions: Tax imports or exports without approval of Congress.

What is a power of Congress? C2

C2 To borrow money on the credit of the United States.

What states cannot do? C3

C3 Other Restrictions: Unless Congress agrees, states cannot declare war, or keep their own armies and navies.

Who has the power to impeach?

Only the House of Representatives has the power to start the impeachment process.

How were Senators selected originally?

Orginally, State Legislature selected Senators.

When are the normally scheduled elections for Representatives?

Representatives are normally elected on the first Tuesday after the first Monday in November in even numbered years.

Define revenue.

Revenue is money from taxes.

How are Senators elected today? Why?

Senators are elected directly by the people of their state. This makes Senators more accountable to their people. The 17th Amendment decided this.

What is the term of office for Senator?

Senators get 6 year terms.

What two houses make up Congress?

The House of Representatives and the Senate make up Congress.

In which house of Congress do revenue bills begin? Is this fair?

The House of Representatives starts all revenue bills. It is fair because the Senate can make adjustments as it goes through the Senate.

Congress is our legislature. What does the legislative branch of the government do?

The Legislative Branch makes the Federal laws.

Who is the president of the Senate? When can they vote?

The President of the Senate (Vice-President) can vote only when there is a tie.

Explain: President pro tempore

The President pro tempore is the senator who is elected by other senators to preside (be in charge of) the Senate when the Vice-President cannot be there.

What is the "Speaker of the House"? How are they chosen?

The Speaker of the House is the Representative who is elected by the rest of the House to "preside" over the House.

How does a bill become a law? Draw a diagram and label it.

A bill must be passed by the majority of members in each house of Congress. Then it is sent to the President. If the President signs it, the bill becomes a law. The President can also veto, or reject it, a bill by not signing it. However, if each house of Congress re-passes the bill by a two-thirds vote, it becomes a law. Passing a law after the President has vetoed it is called "overriding a veto". This process is an important part of the checks and balances system set up by the Constitution.

What is a census? How often is it taken? Why?

A census is an official count of the people that is taken every 10 years.(Years ending in 0). The census determines how many of the 435 representatives each state gets.

What is a felony?

A felony is a crime punishable by a prison sentence of more than one year.

How is a representative elected?

A representative is elected by the people of the state that he/she represents.

Define bicameral and unicameral.

Bicameral=a two house legislature. Unicameral=a one house legislature.

What states cannot do? C1

C1 Complete Restrictions: Make treaties. Permit private citizens to make wat with other nations. Issue money. Disregard Fereral Laws about money. Pass laws excusing people from carrying out lawful agreements Issue titles of nobility.

What Congress is NOT allowed to do! C1

C1 Slave Trade: This was the 20 year freeze on making slave trade laws

What is a power of Congress? C1(2)

C1(2) To set the amount of, and collect taxes, duties, excises and imports. To pay th debts of and provide for the common defense and general welfare of the United States.

What is a power of Congress? C11(3)

C11(3) To declare war. To grant letter of marquee and reprisal. To make laws concerning captures of enemy territory and shipping.

What is a power of Congress? C12

C12 To raise and support an army; but no money for more than 2 years at one time.

What is a power of Congress? C16

C16To provide for the state militia (National Guard)

How often and when must Congress meet? Why?

Congress must meet at least once a year. Amendment 20 has set January 3 as its regular meeting date. Congress must meet a least once a year because years ago in England, Parliament could not meet unless the King called them into session (to meet). Somtimes, the King was angry at Parliament and didn't call them into session for 11 years!

What is "Congressional Immunity"?

Congressional Immunity protects members of Congress going "to and from" Congress and for anything they say in their Congressional meetings.

List the five powers listed in Section 5.

Each house shall be judge of the elections, returns and qualifications of its members. A majority of each house shall constitute a quorum. Each house may from committees. Each house may compel members to attend. Each house may determine the rules of its proceedings. Each house may punish its menbers for disorderly behavior. Each house may expel a member with a 2/3 vote. Each house shall keep a journal, and publish it from time to time, except parts that are deemed secret. (Published in the Congressional Record). The voting record of each member shall be entered in the journal at the request of 1/5 of those present. Neither house, without the consent of the other, shall adjourn for more than 3 days, nor meet in another place.

How many senators does each state get?

Each state gets 2 senators.

Explain "staggered terms."

Every 2 years 1/3 of the Senate is up for re-election. This is to make the change in the Senate more gradual and less disruptive.

What happens if a Representative dies while holding office?

If a representative dies while in office, the governor of the state calls an election to fill the vacancy (job position).

What is impeachment?

Impeachment is the decision that a high executive or judicial officer should go to trial for serious misbehavior. The end result could be removal from office.

Which is the Upper House and which is the Lower House?

The Upper House is the Senate. The Lower House is the House of Representatives.

What happens if a Senator dies while in office?

The governor of the state may make a temporary appointment; or he/she may call for an emergency election.

How is the number of representatives for each state determined?

The number of representatives a state has is based on the number of people in the state(population). Every state gets at least one representative. (State population is determined by the census taken every 10 years).

What is the punishment if an impeached man is found guilty?

The only punishment that the senate can do is to remove the official from office and keep that person from ever holding public office in the U.S. government again. The "removed official" may be prosecuted in a court of law.

What is the salary of a Representative? What is the salary of a Senator?

The salary for a Representative and Senator is $133,600. The salary for the Speaker is $171,500.

Who tries impeachment cases? Who presides over the cases? Why?

The senate tries impeachment cases. The Chief Justice presides in impeachment cases because the Vice-President might have a "conflict of interest."

How many representatives in all? How many does California currently have?

There are 435 representatives in all. California has 53 representatives.

What are the qualifications of a Representative?

They must be 25 years old, have been a U.S. citizen for seven years, and have lived in the state that he/she represents.

What are the qualifications of a Senator?

They must be 30 years old, a citizen fo the U.S. for at least 9 years, and have lived in the state that he/she represents.

What is treason?

Treason is a crime of a citizen making war against the U.S. or helping its enemies.

What three crimes can Congressmen be arrested for?

Treason, a serious crime (felony), or breaking the peace (breaking the law that requires the lawbreaker to appear in court).

What is the length of term for a Representative?

Two years.