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CHAPTER7THE LEGISLATIVEBRANCHNGSSSSS.7.C.3.8 Analyze the structure,functions, and processes of thelegislative, executive, and judicialbranches.ESSENTIAL QUESTION Why do people create, structure, and change governments?The Constitution requires that top government officials“shall be bound by oath or affirmation, to supportthis Constitution.” This is the oath thatmembers of Congress take:“I, [name], do solemnly swear (or affirm)that I will support and defend theConstitution of the United States againstall enemies, foreign and domestic; that Iwill bear true faith and allegiance to thesame; … and that I will well and faithfullydischarge the duties of the office on whichI am about to enter. So help me God.”—OATH OF OFFICE, U.S. HOUSE OR SENATEsupport and defendIn what ways do you think membersof Congress might support and defendthe U.S.Constitution?Copyright © by The McGraw-Hill Companies, Inc.DBQbear true faithand allegianceDoes this mean the same thing asswearing to or affirming something?BREAKING IT DOWNWho might be a foreign enemy of theConstitution? Who might be a domestic enemy?Would you be willing to take this oath? Why orwhy not?netw rksTMThere’s More Online!PHOTO: Scott J. Ferrell/Congressional Quarterly/AlamyThe Legislative Branch Chapter 7 95

LESSON1STRUCTURE OFCONGRESSNGSSSSS.7.C.3.3 Illustrate the structureand function (three branches ofgovernment established in Articles I,II, and III with correspondingpowers) of government in theUnited States as established inthe Constitution.SS.7.C.3.8 Analyze the structure,functions, and processes of thelegislative, executive, and judicialbranches.Essential QuestionWhy do people create, structure, and change governments?Guiding Questions1. Why is Congress composed of a House ofRepresentatives and a Senate?2. Why are members of Congress assigned to work oncommittees?Terms to KnowSenatethe upper house of theUnited States CongressHouse of Representativesthe lower house of theUnited States Congressconstituenta voter that a memberof Congress representscensusa count of the populationgerrymanderto draw congressionaldistrict lines to favorone partymajority partyparty that holds themost seatsminority partyparty that does nothold the majorityseniorityyears of serviceIt Matters BecauseCongress makes the federal laws that affect all Americans.You are not old enough to exercise your right to vote. Yet Congress still takes actionsthat affect your life today and the world you will live in as an adult. What would you wantCongress to know about your hopes for the future? What do you want Congress to doto make your future better? Write your responses below.What Do You Know?Directions: Use the table below to answer the questions based on what you know nowin the “Now” column. After the lesson, complete the table by writing the answers in the“Later” column.NowHow big is Congress?How does Congress do its work?LaterCopyright © by The McGraw-Hill Companies, Inc.96 Chapter 7 The Legislative Branch

Mark the Text4. Underline the number b of f membersbin the Senate.Think Critically5. Why do you think the Speaker ofthe House is next in line tobecome president in the event ofthe death of both the presidentand vice president?Take the Challenge6. Draw an example ofgerrymandering, using thepolitical cartoon in yourtextbook as a model. Becreative. Think of a differentway to illustrate the term.Each state is divided into congressional districts. Onerepresentative is elected from each district. The law says thateach district must include about the same number of voters.Sometimes state lawmakers gerrymander districts, however.That means the district lines are drawn to help one partygain voting strength. If most of a state’s representatives areRepublican, they can draw the lines to make oddly shapeddistricts that have more Republican than Democratic voters.There are 100 members, two from each of the 50 states,in the Senate. Each senator represents the entire state, not justone district. Senators serve a six-year term. Like representatives,they can be reelected when their term ends.In both the House and the Senate, the majority partyis the party that holds more than half of the seats. The otherparty is called the minority party.When a term begins, the House and the Senate each chooseleaders. The table below shows the most important leaders inCongress.House of RepresentativesSpeaker of the HouseMajority floor leaderMinority floor leaderParty whipsCongressional LeadersSenatePresident of the Senatepresident pro temporeMajority floor leaderMinority floor leaderParty whipsThe Speaker of the House has great power. She or he leadsHouse sessions and heads the majority party. The Speaker alsoguides proposed laws through the House and leads debates.If anything happens to both the president and vice president,the Speaker is next in line to become president.The Senate does not have a Speaker. The vice presidentof the United States has the title of President of the Senate. Heor she can only vote to break a tie, however.The president pro tempore (proh•TEHM•puh•ree) leadsthe Senate when the vice president is absent. He or she is fromthe majority party and is usually the member who has servedthe longest. Pro tempore means “for now.”Other powerful leaders are the floor leaders. They playa large role in getting bills, or drafts of new laws, passed. Themajority and minority floor leaders in each house push billsalong and try to win votes.Party “whips,” or assistant leaders, help the floor leaders.They make sure legislators are present for key votes.Copyright © by The McGraw-Hill Companies, Inc.98 Chapter 7 The Legislative Branch

The Committee SystemIn each session, Congress looks at thousands of bills. It is ahuge job. To make it easier, the work is shared between manysmall groups called committees. Committees do most of thework of Congress. The table below shows the three types ofcommittees in Congress.Think Critically7. Analyze Which type ofcommittee would be formedto investigate possible causesof the financial crisis in 2008?Types of CommitteesTypestanding committeeselect committeeDefinitiona permanent committee, such as thosedealing with agriculture, commerce, andveterans’ affairsa temporary committee that deals withspecial issues; meets until it completesthe assigned taskShow Your Skill8. Interpret Charts What arethe three types of committees?joint committeea committee that includes membersof both houses; meets to work onspecific problemsCopyright © by The McGraw-Hill Companies, Inc.Newly elected senators and representatives try to getput on committees that are important to the people theyserve. Senators from a farming area might want to be on theagriculture committee. Those who have many factories intheir districts might want to be on the labor committee.Party leaders decide who should be on which committee.They look at members’ preferences and skills. They also lookat seniority, or years of service. Members who have served thelongest usually get to sit on the most interesting committees.The longest-serving majority committee member usuallybecomes the chairperson. The committee chairperson has animportant job with a lot of power. Chairpersons decide whenand if a committee will meet. They also decide what billswill be studied and who will serve on which subcommittees.The longest-serving committee member from the minorityparty leads the members of that party. He or she is calledthe ranking minority member.NGSSS Check Explain the structure and function of Congress. SS.7.C.3.8Mark the Text9. Underline the factors that t affect amember’s placement on acommittee.Structure of Congress Lesson 1 99

LESSON2POWERS OFCONGRESSNGSSSSS.7.C.3.3 Illustrate the structureand function (three branches ofgovernment established in Articles I,II, and III with correspondingpowers) of government in theUnited States as established inthe Constitution.SS.7.C.3.8 Analyze the structure,functions, and processes of thelegislative, executive, and judicialbranches.Essential QuestionWhy do people create, structure, and change governments?Guiding Questions1. What kinds of lawmaking powers were given toCongress by the Constitution?2. What powers does Congress have to check the powersof the other branches of government?Terms to Knowexpressed powera power of Congress thatis listed in the Constitutionenumerated poweranother name for a powerof Congress that is listedin the Constitutionimplied powera power of Congress that theexpressed powers point toelastic clausepart of the Constitution that saysCongress has implied powersnonlegislative powera power that is not relatedto making lawsimpeachto accuse of wrongdoingwrit of habeas corpusan order that makes sureprisoners are told why theyare being heldbill of attaindera law that punishes a personwithout a trialex post facto lawa law that makes an acta crime after the act hasbeen committed100 Chapter 7 The Legislative BranchIt Matters BecauseThe Framers gave Congress many powers and also placed some limits onthose powers.The three branches of government share power. Sometimes that is no easy task.When have you seen people share power in your family, school, or an organization?Was it easy or not? Write your responses below.What Do You Know?Directions: Circle the powers that you think Congress has from the list below. At theend of the lesson, go back and check your work. Cross out the answers that are incorrect.Circle the jobs and powers that you learned about.raise and spend moneyinterpret lawsregulate commercedeclare warmaintain the armed forcescreate a postal serviceCopyright © by The McGraw-Hill Companies, Inc.

TMnetw rksRead Chapter 7 Lesson 2 in your textbook or online.Legislative PowersThe Constitution gave Congress the power to make laws forthe United States government. It gave Congress other dutiessuch as the power to coin money and regulate, or managecommerce. Commerce is the buying and selling of goods. Allof Congress’s duties that are actually listed in the Constitutionare called expressed powers or enumerated powers. InArticle I, Section 8, Clause 18, the Constitution also says thatCongress has implied powers. These are powers that are notwritten in the Constitution. Instead they are implied, or pointedto, by the expressed powers. They are things that Congressneeds to do to carry out its expressed powers.Clause 18 is also called the elastic clause. It allows Congressto stretch its powers or do whatever is “necessary and proper”to use its expressed powers. For example, the Constitution doesnot say that Congress can create an air force. However, theelastic clause lets Congress do so as part of its expressed powerto support an army and a navy.Congress has many expressed and implied powers. Thegraphic organizer below lists some of these powers.Think Critically1. Contrast What is the differencebetween expressed and impliedpowers?Show Your Skill2. Make Inferences Why is the“necessary and proper” clausealso called the elastic clause?coining moneyraising an armyCopyright © by The McGraw-Hill Companies, Inc.managing businesswith other countriesmanaging businessbetween statesSome Powersof Congressraising andspending moneygranting copyrightsand patentsdeclaring warsetting up postofficesOther Powers and LimitsThe most important job of Congress is to make laws, butit also has other duties. To do these other jobs, Congress hasnonlegislative powers. The most important nonlegislativepowers are the ones that allow Congress to check other3. Interpret Charts Listexamples from the powersof Congress that relate tothe nation’s economy.Powers of Congress Lesson 2 101

Mark the Text4. Underline three nonlegislativeilipowers of Congress.Think Critically5. Summarize How does theSupreme Court check the powersof Congress?6. Analyze Why do you thinkthe Constitution forbids Congressfrom passing ex post facto laws?branches of the government. Some nonlegislative powersinclude suggesting amendments to the Constitution, andapproving or rejecting the president’s choices for SupremeCourt justices, federal judges, and ambassadors. The Senate alsohas the power to impeach federal officials.To impeach means to accuse a person of doing somethingwrong. The House may impeach any federal official, even thepresident. The Senate then decides whether that person is guilty.If two-thirds of senators agree the official is guilty, they mustleave office.Only two presidents have ever been impeached. They wereAndrew Johnson in 1868 and Bill Clinton in 1998. The Senatedid not find them guilty so they were not removed from office.The Constitution also lists the things that Congress maynot do. Congress may notpass laws that go against the Constitution. A law thatdoes not allow freedom of religion would go against theConstitution, for example.favor one state over another.tax exports.tax business between states.block the writ of habeas corpus (HAY•bee•uhsKAWR•puhs). This is an order that makes sure prisonersare told why they are being held.pass bills of attainder. These are laws that punisha person without a trial.pass ex post facto laws. These laws make an act a crimeafter the act has been committed.Congress cannot override certain powers set aside for thestates. For example, states control their own school systems.Congress is also part of the system of checks and balances.For example, Congress makes laws, but the Supreme Courtcan decide whether those laws go against the Constitution.The president can veto bills passed by Congress. On the otherhand, Congress can override a president’s veto.NGSSS Check Name the ways that Congress can check up on the otherbranches of government. SS.7.C.3.8Copyright © by The McGraw-Hill Companies, Inc.102 Chapter 7 The Legislative Branch

LESSON3HOW CONGRESSWORKSNGSSSSS.7.C.3.3 Illustrate the structureand function (three branches ofgovernment established in Articles I,II, and III with correspondingpowers) of government in theUnited States as establishedin the Constitution.SS.7.C.3.8 Analyze the structure,functions, and processes of thelegislative, executive, and judicialbranches.Essential QuestionWhy do people create, structure, and change governments?Guiding Questions1. What are the qualifications for becoming a memberof Congress?2. How do members of Congress exercise theirresponsibilities?Copyright © by The McGraw-Hill Companies, Inc.Terms to Knowfranking privilegethe special right membersof Congress have to sendjob-related mail withoutpaying postagelobbyista person hired to influencegovernment decisionscaseworkthe work of helping peopledeal with the federalgovernmentpork-barrel projectwhen a representativegets government moneyfor projects in one districtor stateWhat Do You Know?Directions: Use what you know to complete the paragraph below.The main job of Congress is togetMembers of Congress try to getIt Matters BecauseIn making laws, Congress makes decisions that affect all Americans.There are rules for who can become a member of Congress. But what are the traits thatyou think a person who wants to become a member of Congress should have? Whichof those traits do you have? Write your responses below.laws. They also make sure that states and districtsfrom the federal government to pay for highways, dams, and military bases.to make public officials aware of their needs.How Congress Works Lesson 3 103

Think Critically1. Evaluate Do you think thatthe requirements for becominga member of Congress are toostrict? Explain your answer.TMnetw rksRead Chapter 7 Lesson 3 in your textbook or online.Qualifications and StaffingTo become a member of Congress, a person must meet certainrequirements. These requirements are listed in the Constitution.They are different for members of the House and Senate. Thechart below shows what they are.Qualifications for CongressShow Your Skill2. Draw Conclusions Whymight the franking privilegehelp a member of Congressget reelected?SenateAge 30 years old 25 years oldResidencyLive in the state you planto representHouseLive in the state you planto representU.S. Citizenship 9 years 7 years3. Make Inferences Basedon what you know aboutcongressional members’personal staff, who mighthelp a representative with theircasework?Take the Challenge4. Write a page for a day planner fora personal staff member. Includethe tasks that person might do forthe day.104 Chapter 7 The Legislative BranchOnce a person is elected to Congress, he or she has manybenefits. In addition to their salary, representatives and senatorsalso enjoy free office space, free parking, and free trips home.They receive the franking privilege, which means thatmembers can send job-related mail at no cost.Members of Congress also have immunity, or legalprotection in certain situations. This is not meant to allowmembers of Congress to break the law. It allows them todebate and talk freely without fear.Members of Congress have a huge workload. To geteverything done, they hire people to help. They are themembers’ personal staff. These workers include clerks,secretaries, and special assistants.Personal staffs work both in Washington and in thecongressperson’s home state. They answer questions from votersand help them deal with federal government agencies. They alsoresearch bills and talk to reporters. Another job of staff membersis to meet with lobbyists. Lobbyists are people who representinterest groups. They contact government officials to try toinfluence, or shape, their policy making.Some assistants are students. They are usually from themember’s district and volunteer their time. They get to learnabout Congress as they help with research, deliver messages,and do other office tasks.Copyright © by The McGraw-Hill Companies, Inc.

PHOTO: Inde xStock/SuperStockCommittee staff members are assistants who help keepcommittee work running smoothly. They schedule committeehearings. They draft, or outline, bills.Congress also has several agencies to help with its work.These agencies include the Library of Congress, the GovernmentAccountability Office (GAO), and the Congressional BudgetOffice (CBO).The Library of Congress has a copy of every book publishedin the United States. Members of Congress and their staffs usethese books for research. The GAO looks at federal programs andsuggests ways to improve how the government spends money.The CBO helps plan the nation’s budget. When Congress or thepresident has an idea for a new program, this office estimates,or tries to figure out, how much the program will cost.Congress at WorkThe best-known job of Congress is to make laws. That is whymembers of Congress are called “lawmakers.” But our lawmakersalso do other work. A great deal of time is spent on casework, orhelping people deal with the federal government. Members ofCongress get many requests from the voters. Voters ask for helpwith all sorts of things, from understanding laws to finding alate Social Security check.Staff members spend hours each day on casework. If theycannot find answers or get results, the senator or representativewill step in. Lawmakers want to help people. That is one reasonthey ran for office. They also know that casework does othergood things, such as helping them build public support forreelection; allowing them to check up on how well the executivebranch handles programs like Social Security; and providinghelp to citizens dealing with government agencies.Think Critically5. Analyze Why is the CBOimportant?Mark the Text6. Underline the kind of work thattprobably takes most of the time ofa member of Congress. Circle thereason why lawmakers work sohard on casework.Copyright © by The McGraw-Hill Companies, Inc.Each year, Congress authorizesmoney to be spent on a variety ofprograms such as Social Security.When voters have questions aboutthese programs, they may ask theirsenator or representative for help.How Congress Works Lesson 3 105

Think Critically7. Evaluate Do you thinkpork-barrel projects are a goodidea? Or should such projectsbe distributed evenly amongstates and districts?Members of Congress may meet withlobbyists, like these men here, to discusshow public works money is spent.Take the Challenge8. Write an email to a member ofCongress about an issue that youthink is important and that youthink he or she can help solve.Members of Congress have another important job. Theytry to make sure that their state or district gets a fair shareof federal money. This public works money is spent on projectssuch as highways, dams, and military bases. These projectscreate jobs and boost the local economy.Executive branch agencies decide where federal moneygoes. But members of Congress try to sway those decisions.They also ask the voters to tell agency officials about theirneeds.When a representative gets federal money mainly forone district or state, it is called a pork-barrel project. Tounderstand this term, think of members of Congress dippinginto the “pork barrel” (federal treasury, or money) and pullingout a piece of “fat” (a federal project for his or her district).Critics say that this is a waste of taxpayers’ money. Lawmakersdo not believe that bringing money to their state is doinganything wrong.NGSSS Check Explain what members of Congress do as partof their job. SS.7.C.3.8PHOTO: Catherine Karnow/CORBISCopyright © by The McGraw-Hill Companies, Inc.106 Chapter 7 The Legislative Branch

LESSON4HOW A BILLBECOMES A LAWNGSSSSS.7.C.3.9 Illustrate the law makingprocess at the local, state, andfederal levels.Essential QuestionWhy do people create, structure, and change governments?Guiding Questions1. What kinds of bills come before Congress?2. How does a bill become a law?Copyright © by The McGraw-Hill Companies, Inc.Terms to Knowjoint resolutiona resolution passed by both housesof Congress that has the force oflaw if signed by the presidentspecial-interest groupa group of people who worktogether for a common causerideramendment to a bill thatis unrelated to the subjectmatter of the billfilibusterto talk a bill to deathcloturea vote by three-fifths of theSenate to limit debate on a billvoice votea vote in which members speaktheir votes aloudstanding votea vote in which members standto be counted for or against a billroll-call votea vote in the Senate in whichsenators give their vote as theirname is calledpocket vetothe president does nothing to a billfor ten days. If Congress is not insession the bill is killed, if Congressis in session the bill is passedIt Matters BecauseThe process Congress follows to make laws is complex.What bill would you want Congress to pass? What would the law do for your community,state, or the nation? Write your responses below.What Do You Know?Directions: Sort the words below using these 3 categories: Private Bill, Public Bill,and Resolutions.constitutional amendment personal claimdesignate money for something taxationfarm policy highway buildingPrivate Bill Public Bill ResolutionsHow a Bill Becomes a Law Lesson 4 107

Mark the Text1. Underline what is required ifor ajoint resolution to become a law.Think Critically2. Analyze Why do you think thatonly a member of Congress canintroduce a law?Take the Challenge3. With a small group, introducea bill and follow the steps inthe lawmaking process.TMnetw rksRead Chapter 7 Lesson 4 in your textbook or online.Types of BillsDuring each term of Congress, more than 10,000 bills areoften proposed. Only a few hundred of them actually becomelaws. This should tell you that it is not easy to pass a law!There are two categories, or kinds, of bills. One is calleda private bill. A private bill deals with one person or place.The other type of bill is called a public bill. It applies to thewhole nation. A bill about taxes would be a public bill.Congress also considers resolutions. These are formalstatements stating lawmakers’ opinions or decisions. Manyresolutions do not have the power of law. A joint resolutionis an exception, however. This type of resolution must passboth houses of Congress. If the president signs the resolution,it becomes a law. Joint resolutions can be used to proposeamendments to the Constitution. They can also be used tofund special projects like natural disaster aid.From Bill to LawEvery bill starts with an idea. Ideas for bills come from citizens,the president, and special-interest groups. A special-interestgroup is a group of people who work together for a commoncause.Only a member of Congress can introduce a bill. Whena bill is first read, it is given a title and a number. These showwhich house proposed the bill and when it was introduced.The first bill in the Senate is labeled S.1. The first bill in theHouse is labeled H.R.1.PHOTO: Matthew Cavanaugh/epa/CorbisSenators Mitch McConnelland John Warner speak toreporters about legislationthat is important to citizensand special-interest groups.Copyright © by The McGraw-Hill Companies, Inc.108 Chapter 7 The Legislative Branch

These protesters hold acounter-filibusterdemonstration forproposed legislation toset a time table towithdraw U.S. troopsfrom Iraq.PHOTO: David McNew/Getty ImagesCopyright © by The McGraw-Hill Companies, Inc.Next, the bill is sent to the correct standing committee.The committee decides if the bill should be passed on to the fullHouse or Senate for a vote. The committee can take five actionson the bill:pass the billmake changes in the bill and suggest that it be passedreplace it with a new bill on the same subjectignore the bill and let it die, also called “pigeonholing”kill the bill by a majority voteIf a bill makes it through committee, it will be debated bythe full House or Senate. Members will argue its pros and consand amendments will be considered. The House allowsamendments only if they are directly related to the subjectof the bill. The Senate allows its members to attach riders,or completely unrelated amendments, to a bill.In the House, there is a time limit set for how longa representative can talk about a bill. This limit is necessarybecause the House has so many members. Senators, however,can speak for as long as they wish. Senators sometimes usethis freedom to filibuster a bill. Filibuster means to talk a billto death. Senators can stop a filibuster with cloture. Cloture(KLOH•chuhr) is when three-fifths of the members voteto limit debate to one hour for each speaker.After debate, it is time to vote. A majority of members mustvote for a bill for it to pass. The chart on the next page showsthe different ways votes are taken in each house.Think Critically4. Outline What four main stepsare involved in passing a billin Congress?5. Analyze Why do you thinksenators attach riders to bills?How a Bill Becomes a Law Lesson 4 109

Think Critically6. Summarize What isa conference committee?HouseVoting in CongressSenatevoice vote —members say “Yea” or “No” to a billstanding vote—members stand to be counted for or against a billMark the Text7. Chart Circle the kind of votein which members of Congressrespond verbally with their vote.Show Your Skill8. Make Inferences Why do youthink that the lawmaking processallows the president to veto orignore the bill even thought it hasbeen approved by both housesof Congress?recorded vote—members’votes are recorded electronicallyroll-call vote —senators say“Aye” or “No” as their names arecalledIf a bill passes in one house, it is sent to the other. If a bill isdefeated in either house, it dies. If both houses pass a differentform of the same bill, a conference committee is formed. In thiscommittee, members of both houses come up with one bill thateveryone can agree on.The approved bill is then sent to the president. The presidentcan do one of three things:1. sign the bill into law2. veto, or refuse to sign, the bill3. ignore the billAn ignored bill becomes law after ten days if Congressis in session. If Congress has adjourned, the bill dies. Thisis called a pocket veto.Congress can pass a bill over a president’s veto. To do so,two-thirds of each house must vote to override the veto. Thisdoes not happen very often.Mark the Text9. Underline the text that explainswhat can override a president’sveto.NGSSS Check Name four things that could happen to a bill when it goesto a committee for study. SS.7.C.3.9Copyright © by The McGraw-Hill Companies, Inc.110 Chapter 7 The Legislative Branch

7CHAPTERESSENTIAL QUESTION Why do people create, structure, and change governments?Reflect on What It Means . . .Congress has a vital role in our country’s lawmaking process. Yet members of Congress havemany other jobs that are important to their constituents.Plan a Web site!Suppose you are an assistant to a senator from your state. Yourlatest assignment: plan a Web site that emphasizes the importanceof Congress.Your boss tells you, “I want to make sure people know why Congressis important to the community, and even to the entire world. I alsowant them to know that Congress is important to individuals. Useyourself as an example.”Use the planning chart below for your Web site. Fill in each box withwords and ideas. If you need more space to write, use another pieceof paper.The Importance of CongressTo Me To the Community To the WorldCopyright © by The McGraw-Hill Companies, Inc.Keep Going!The Legislative Branch Chapter 7 111

7CHAPTER(continued)Use the space below to sketch out the page for the Web site. Usethe information from the planner on the previous page to help you.Copyright © by The McGraw-Hill Companies, Inc.TAKE THE CHALLENGEFind the Web site for one of your senators or a representative. Challengea representative to answer a tough question about your community. Maybeyou would like to know what is being done to make schools better. Or perhapsyou will want to demand that action is taken to improve the environment.Share your challenge—and the response from Washington—with the class.112 Chapter 7 The Legislative Branch