The legislative branch Flashcards

1
Q

The legislative Branch of the federal government is called

A

congress

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2
Q

the legislative branch was est. by

A

article 1 of the constitution

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3
Q

article 1 of the constitution known as

A

“the first branch”

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3
Q

Jobs of Congress: (2)

A
  • Represent the people and do the day to day work
  • They translate the will of the people into law
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4
Q

Bicameral

A

(2 houses)

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5
Q

Why is congress Bicameral? (3)

A
  • Historical Reason: Copied British Parliament
  • Practical reason: settled conflict between small and large states
  • Theoretical Reason: (Check and Balance each other)
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6
Q

How long is a term in Congress?

A

2 years

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7
Q

Session of Congress:

A

1 year time period during which Congress conducts its business (2 sessions per term)

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8
Q

Recess

A

To suspend business temporarily during a session

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9
Q

Adjourn

A

to suspend business until the next session

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10
Q

Sine Die

A

Neither house can adjourn without the consent of the other

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11
Q

Prorogue

A

the president has the power to end a session when the 2 houses can’t agree to adjourn

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12
Q

Special Session

A

When the president calls congress together for an emergency meeting

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13
Q

Why are special sessions rarely called anymore?

A

Congress meets almost year round

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14
Q

Lower house

A

house of representatives

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15
Q

how many members in the house of representatives

A

435

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16
Q

Representation in the house of representatives is based on what?

A

Representation is based on the population of the state apportioned (distributed)

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17
Q

How many states have 1 representative

A

7

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18
Q

Members of the house of representatives serve how long of a term

A

2 years

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19
Q

why is the term for a member for the house of representatives so short?

A

kept short so they will stay in contact with the people

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20
Q

How many terms are members of the house allowed to serve

A

no limit

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21
Q

Do members of the house represent their entire state?

A

Represent their district only not the entire state except for the 7 states with 1 representative

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22
Q

Powers of the house of representatives: (3)

A
  • To impeach the president
  • Decide presidential election if no clear winner
  • All tax bills start here (power of the purse)
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23
Q

Reapportioment:

A

the seats are redistributed every 10 years (census)

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24
Q

fixed number of seats in the house

A

435 (permanent)

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25
Q

When are Congressional Elections

A

Tuesday following the 1st monday in November on even numbered years

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26
Q

Midterm Elections:

A

(Non presidential years) Party in power usually loses seats

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27
Q

Why does the party in power usually lose seats?

A

Party in power usually loses seats! Because the party in power is blamed for all of the problems in the country

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28
Q

How many districts in U.S.

A

435

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29
Q

How many people does a voting block represent?

A

about 740,000 people

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30
Q

single member districts:

A

geographic district from which one representative is chosen from a field of candidates

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31
Q

At large districts

A

representative chosen from the State as a whole
(7)

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32
Q

District lines are drawn up by

A

state legislatures of the party in power

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33
Q

Gerrymandering

A

the drawing up of district lines to the advantage of the party in power

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34
Q

2 ways gerrymandering is done:

A
  • Packing: Concentrate the opposition’s voters in as few districts as possible
  • Cracking: Spread the opposition’s voters out in as many districts as possible
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35
Q

Purpose of Gerrymandering

A

to lose as few districts as possible and stay in power

36
Q

Qualifications for House members: (formal) (3)

A
  • Must be 25 years old
  • Must have been a citizen for 7 years
  • Must be a resident of the states
37
Q

Upper house

A

The senate

38
Q

How many members in the senate

A

100 members - 2 per state

39
Q

Constituencies

A

the people they represent (entire state)

40
Q

Senators were Originally chosen by

A

State legislatures

41
Q

now senators are choses by the people because of:

A

17th amendment

42
Q

How long of a term do senators serve?

A

Serve a 6 year term (no limit)

43
Q

What does the Senate focus on?

A

Focus on the “big picture” of the entire state

44
Q

Continuous Body

A

all seats are never up for election at same time (stagger the terms)

45
Q

Qualifications of a Senator: (Formal) (3)

A
  • 30 yrs old
  • Citizen of the USA for 9 years
  • Live in the state
46
Q

Powers of the Senate:

A
  • Holds impeachment trial
  • Ratify Treaties
  • Comfirms executive office appointments (judges, cabinet, etc.)
47
Q

Differences between the house and the Senate: (5)

A
  • House is larger
  • House has shorter term (2 years) Senate 6 years
  • House has smaller constituency
  • House all elected every 2 years, 1/3 of Senate elected every year
  • House has less prestige
48
Q

5 major roles of a member of Congress

A
  • Legislators – make laws
  • Representatives – Voice of people
  • Committee Members – screen bills
  • Servants to constituents – provide help to the people
  • Politicians – work for the government
49
Q

Oversight function

A

process through which Congress checks to see if the executive branch is following its policies/laws

50
Q

Most of Congresses work is done in

A

committees

51
Q

3 major types of committees/congress

A
  • Standing committees
  • Special committees
  • Joint:
52
Q

Standing committees

A

(Permanent) deal with subject matter (education, finance, environment, etc.)

53
Q

Special Committees

A

(temporary) deal with investigations and presidential appointments (watergate, supreme, court nominees)

54
Q

Joint Committees

A

Deal w/ matter both senate and house/housekeeping

55
Q

Bill

A

proposed law

56
Q

2 types of bills:

A
  • Public Bills - law involving everyone
  • Private Bill - law involving a specific group or area
57
Q

Where do ideas for bills come from? (4)

A

Executive branch
People
Congressmen
Special interest groups

58
Q

What is the only Bill that can’t start in either house?

A

Tax bill (only lower house)

59
Q

Who introduces bills?

A

A congressman

60
Q

Which house must a bill be passed by?

A

both

61
Q

Statute

A

Law

62
Q

How a bill becomes a law (statute) - 6 steps

A
  • Bill is introduced by a congressman
  • Committee Action
  • Floor Action - Full house/senate debate/vote
  • Conference action/committee (members from both houses “iron out” the bill – must be exact
  • Floor action – same as step #3
  • President action
63
Q

What step of a bill becoming a law do most bills fail on?

A

The second:
Committee Action (standing committee)

64
Q

What is it called when a Bill dies?

A

Pigeon Holed

65
Q

What 3 choices does the president have with a bill as the last step before it becomes a law?

A
  • Sign – becomes saw
  • Veto – refuse to sign
  • Pocket Veto
66
Q

What happens a the President Vetos a bill?

A

it goes back to step 3

67
Q

What is a pocket veto?

A

when a bill fails to become law because the president does not sign it within the ten-day period, and cannot return the bill to Congress because they have adjourned

68
Q

How can a presidential veto be overridden?

A

Veto can be overridden by congress with a two thirds majority vote in each house

69
Q

Rider:

A

addition to the bill – has nothing to do with the bill – one that will not pass on its own merit, so they attach it

70
Q

Models of Representation: 4 ways in which congressmen can vote

A

Delegate Vote
Partisan Vote
Trustee Vote
Politico Vote

71
Q

Delegate Vote

A

vote in the interest of the people (agent)

72
Q

Partisan Vote

A

vote along party lines

73
Q

Trustee Vote

A

vote their conscience/merit

74
Q

Politico Vote

A

a blend of the other three

75
Q

Filibuster

A

attempt by the Senate to stop the passage of a bill: “talk it to death”

76
Q

Cloture

A

only way to stop a filibuster – 60% vote to stop

77
Q

Longest filibuster in history

A

24 hours

78
Q

Leader of the House of representatives:

A

Speaker of the House is the chairman – 3rd most powerful position in the government

79
Q

Leader of the Senate:

A

Vice President is the chairman

80
Q

Chairman when the Vice President is not there

A

President pro-tempore

81
Q

Congress compensation

A

Set their own pay

82
Q

Benefits in Congress compensation: (5)

A
  • Housing tax allowance
  • Traveling allowance
  • Cheap health insurance
  • Pension plan
  • Free office and expenses f or staff
83
Q

Three limits on Congressional pay:

A
  • President’s veto
  • *voter backlash – most important
  • 27th amendment (does not take effect until the next term)
84
Q

Average Congressman age:

A

60

85
Q

Speech and Debate clause:

A

Protects legislative speech

86
Q

Meaning of Speech and Debate Clause:

A

It protects Congressman from law suits for libel or slander arising from their speech in congress

87
Q

Purpose of Speech and Debate Clause:

A

Encourages/allows for free and open legislative debate in Congress