Legislative Branch Study Guide

Question 1

Expressed/Enumerated Powers?

Answer 1

National Powers: coin $, raise an army, punish counterfeiting

Concurrent Powers: collect taxes, enforce laws, fund & regulate education

State Powers: license professionals, regulate marriage & divorce, 10th amendment

Question 2

Inherent Powers?

Answer 2

Assumed to be powers of the national government

Ex: foreign affair

Question 3

Reserved/Police Powers?

Answer 3

10th amendment, unclear (allow for interpretation)
Not given to federal government or denied to states (“reserved to states”)

Ex: marriage & divorce, license professionals

Question 4

Concurrent Powers?

Answer 4

Shared with federal govt
States can’t use reserved or concurrent powers to us up power of national govt

Ex: tax & borrowing

Question 5

Denied Powers?

Answer 5

National Powers: suspend writs of habeus corpus (brought in front of judge & what their crime was), tax on exports, grant titles of nobility

Powers Denied by Both: pass bill of attainder, change state boundaries w/o consent, abridge bill of rights

State Power: enter into treaties, tax exports & imports, tax federal govt agencies

Question 6

Implied Powers?

Answer 6

Congress has power to make laws that are “necessary & proper”
Relate laws to expressed powers

Ex: regulate commerce, declare war

Question 7

Elastic Clause/Necessary and Proper Clause

Answer 7

Congress has power to make laws that are NECESSARY and PROPER with enumerated power & act where constitution doesn’t give Congress the authority to act

Question 8

Gerrymandering?

Answer 8

Deliberate re-arrangement of boundaries of Congressional district in favor of a political party (Republican or Democrat)

Question 9

Reapportionment?

Answer 9

Constitution requires that representative in House is reappointed every 10 yrs
Population of each state determines new # of representatives it’s entitled
Census counts EVERYONE

Question 10

Redistricting?

Answer 10

Redrawing of district boundary lines done by each state legislature after Congress reappoints, with MANY GUIDELINES

Question 11

Senate Basics (Requirements/Term/#) ?

Answer 11

30 yrs old
U.S. citizen for 9 yrs
Legal resident of state they are representing
Re-election every 2 yrs
TOTAL of 100 MEMBERS!!!!!
Term is 6 yrs long

Question 12

House Basics (Requirements/Term/#)?

Answer 12

25 yrs old
U.S. citizen for 7 yrs
Legal resident of state they’re representing
Live in district they’re representing
Re-election every 2 yrs
TOTAL OF 435 MEMBERS!!!
Term is 2 yrs long

Question 13

Congressional Basics?

Answer 13

Bicameral legislature (Senate and House of Representatives)
435 Reps, 100 Senators
Have ALL legislative power
President of Senate = Vice President (replacement is President Pro Tempore)
Presider of House of Reps = Speaker of the House

Question 14

President of the Senate

Answer 14

Second person in presidential succession line
Presides over office
Responsible for breaking a TIED vote in Senate
Receive/count electoral ballots in election
Vice President who becomes President in emergencies (assassination, untimely death)

Question 15

President Pro Tempore

Answer 15

“For the time being”
Senate elects this leader
Has to be from majority party
Most SENIOR member

Question 16

Senate Majority Leader

Answer 16

Steer party’s bills through Senate
Plan’s Senate work schedule & agenda
Responsible for making CERTAIN majority parties attend Senate sessions
Organize their support on KEY BILLS

Question 17

Senate Minority Leader

Answer 17

Develops criticism of majority party’s bills
Tries keeping senators in minority party working together

Question 18

Speaker of the House

Answer 18

Appoint members of SOME committees
Schedule bills for action
Follows Vice president in line of succession
Sends bills to committees to study/discuss/review them

Question 19

House Minority Leader

Answer 19

Promote & publicize party’s agenda
Confers with President & aides regularly about Congress issues, agenda, & political events

Question 20

Committee Make-Up/Chairs

Answer 20

Committee Make-up: majority of member from majority party so they will ALWAYS win a vote
Chairperson: always for majority party

Question 21

Committees (key committees and importance)

Answer 21

House Judiciary Committee
House Rules Committee
Senate Judiciary Committee
Senate Appropriations Committee

Question 22

Standing Committees

Answer 22

“Stand” = exist all the time
Regular committee

Ex: Senate Judiciary Committee

Question 23

Joint Committees

Answer 23

Includes members of BOTH houses
Debate and report on matters concerning the Congress rather than issues of public policy.

Question 24

Select Committees

Answer 24

Created for special functions
They research specific issues or oversee government agencies.

Question 25

Senate Judiciary Committee

Answer 25

Confirms federal judges

Question 26

House Judiciary Committee

Answer 26

Impeachment

Question 27

Senate Foreign Relations Committee

Answer 27

Deliberate/report treaties submitted by President for the Senate to consider Conducts public hearings for EACH treaty

Question 28

House Ways and Means Committee

Answer 28

Taxation (ways to have means to pay for things) Increase revenue to finance federal govt Individual & corporate income tax Excise/estate/etc Bonded debt to the U.S.

Question 29

House Rules Committee

Answer 29

Traffic cop Decides what goes to the floor for discussion How long debates last for

Question 30

House and Senate Appropriations Committees

Answer 30

House: spending bills, budget Senate: sending bills, taxation

Question 31

Joint Conference Committee

Answer 31

Work out differences in bills between the House of Reps & Senate A different committee for EACH bill

Question 32

Seniority

Answer 32

Certain positions available to the most senior/most experienced in House of Reps & committees Appoint own committee staff to deal with ONLY committee stuff

Question 33

Powers of Congress

Answer 33

Make laws Declare wars Raise & provide $ Impeachment Approve presidential appointment Approve treaties from executive branch Oversight & investigations

Question 34

How a Bill Becomes a Law (ALL STEPS)

Answer 34

1) There’s an idea 2) Creates a bill 3) Bill goes to committee 4) Public hearings 5) House committee debate & vote 6) House for debate & vote (majority) 7)Senate committee debate & vote 8) Senate debate & vote 9) Conference committee 10) House & Senate vote on Compromise Bill 11) Speaker and Vice President sign FIRST 12) President signs/vetoes bill 13) Bill becomes law 14) IF BILL IS VETOED it goes to House of Reps and Senate for a ⅔ majority vote 14a) Bill becomes law W/O president signature 14b) IF THAT DOESN’T WORK!!!! Bill goes to court system all the way to supreme court

Question 35

Public Bills

Answer 35

Measures applying to the nation (everyone) Becomes Public Laws, or Acts, if approved by Congress and signed by the President.

Question 36

Private Bills

Answer 36

Measures applying to CERTAIN people or places After a bill is enacted, these bills become public acts and private acts, respectively

Question 37

Simple Resolutions

Answer 37

Concerns 1 house of Congress Adopt new rules No force of law, no president signature Ex: House of Res. 660 (authorize hearings on impeachment authority)

Question 38

Joint Resolutions

Answer 38

Adopted by House together Force of law UNLESS challenged Deal with unusual/temporary matters Ex: pull troops out of conflict situations (War Powers Act)

Question 39

Concurrent Resolutions

Answer 39

1 house writes/passes while the other “concurs” No force of law, no president signature Set date for adjourning Congress Used to state a position Ex: foreign affairs

Question 40

Filibuster

Answer 40

Attempt to block/delay Senate action on bill or other matter by debating long hrs, offering MANY procedural means, hold floor/talk/quorum calls/parliament maneuvers

Question 41

Cloture Rule

Answer 41

Only procedure where Senate votes to place time limit on bill Consideration or other matter Overcoming a filibuster (signed by a minimum of 16 people with 60 Senators voting ⅗ vote)

Question 42

Quorum

Answer 42

Minimum # of people who MUST be present to permit a legislative body to take official action