Why It Matters The Senate and the Ask students to imagine that they have one of the most important jobs in gov- House of Representatives ernment. Tell them that they work long TAKING As you read, take hours to help people, and that they are BEFORE YOU READ NOTES paid well for their efforts. Ask students notes on the Senate The Main Idea Focus Questions Key Terms and the House of Represen- how they feel about this job. Now tell tatives. Use a chart like this them that every two years they have to Congress is divided 1. What are the two houses bicameral legislature, one to record your notes. into two houses, the of Congress? p. 136 battle to keep their job for only another Senate and the House of 2. What are the qualifications, apportioned, p. 136 U.S. Congress two years. How do they feel now? Representatives, and its salaries, and rules of conduct gerrymandering, p. 137 Two Houses Congress Members Explain to students that members of the members have certain for members of Congress? immunity, p. 138 qualifications. House of Representatives face exactly expulsion, p. 139 this situation. censure, p. 139 Key Terms
Preteach the following terms: When your town decides local issues, The House of Representatives bicameral legislature lawmaking body of such as funding for a road or a new According to the Constitution, the number two houses (p. 136) school tax, each voter has a say. This of representatives each state can elect to the apportioned distributed (p. 136) is direct democracy. On a national House is based on the state’s population. gerrymandering drawing district lines level, direct democracy would not be practical. Imagine Each state is entitled to at least one represen- that favor a particular political party, politi- a vote on every national issue. Instead, we choose men tative. Washington, D.C., Guam, American cian, or group of people (p. 137) and women to vote for us. They represent us. These rep- Samoa, and the Virgin Islands each have one resentatives are the members of Congress. immunity legal protection (p. 138) nonvoting delegate in the House. Today there are 435 members in the expulsion when a person must give up his Two Houses of Congress House. Why 435 members? In 1789, when or her seat in Congress (p. 139) Congress is the lawmaking body of the the fi rst Congress met, the Constitution censure formal disapproval of the actions federal government. The Constitution allowed for 65 representatives in the House. of a member of Congress (p. 139) states that the Congress shall be composed Each state elected one representative for every of two houses—the Senate and the House 30,000 people in the state. However, as new Taking Notes of Representatives. states joined the Union and the population increased, membership in the House kept U.S. Congress Why is Congress divided into two houses? growing. Eventually, Congress had to limit Two Houses Congress Members The framers of the U.S. Constitution wanted to make sure that both small and large states the size of the House to 435 members. • House of • Must be a certain Every 10 years, after the census is taken, Representatives: age, U.S. citizen, would be fairly represented. So they created Congress determines how the seats in the 435 members, and legal resident of a bicameral legislature , a lawmaking body states represented state represented of two houses. Membership in the House House are to be apportioned , or distributed. based on • Receive yearly salary of Representatives is based on state popula- If a state’s population decreases, the number population, two- of $162,100 and tion. In the Senate, each state is represented of its representatives may be reduced. States year terms other benefi ts whose populations grow may be entitled to • Senate: two • Must follow rules of equally. The system also allows each house to more representatives. members per state conduct check the actions of the other. (100 total), six-year terms 136 CHAPTER 5
Teach the Main Idea At Level The Senate and the House of Representatives 1. Teach Ask students the Reading Focus 3. Review To review the section’s main questions to teach this section. ideas, lead a discussion on the similarities 2. Apply Tell students to create a graphic and differences between the two houses of organizer with two boxes. One box should Congress. be labeled “House of Representatives,” 4. Practice/Homework Have students write and the other should be labeled “Senate.” a short essay on which house of Congress As students read the section have them fi ll they would rather belong to. Essays should in this graphic organizer with information explain students’ reasons as well as stating a about the House of Representatives and the preference. Remind students to describe how Senate. members of their chosen house help their constituents.
136 CHAPTER 5 Congressional Representation Congress apportions representatives to the 8" House based on population. /) California, with 53 represen- .5 75 /% .& Reading Focus tatives, has the most, while 03 ./ Montana and six *% ." 4% 8* /: other states have only 8: .* 3* What are the two houses of Congress? 1 representative. *" 1" $5 /& /7 /+ *- 0) 65 */ %& Two Houses of Congress $0 $" 87 ,4 7" .% .0 ,: %$ Explain How are seats in the House /$ "; 5/ 0, of Representatives apportioned? by /. "3 4$ The District of state population according to the most California .4 "- (" Columbia does 59 not have a voting recent census Number of Representatives: 53 -" representative in Identify Cause and Effect Why Area of State: 163,707 square miles '- Congress. )* did Congress limit the size of the Population: 33,930,798 )* House of Representatives? New Montana ", states had joined the Union, and the ANALYSIS Number of Representatives: 1 SKILL ANALYZING VISUALS country’s population had increased, so Area of State: 145,556 square miles What five states have the most representatives the numbers of members of the House Population: 906,316 in the House of Representatives? kept growing. Make Judgments Do you think gerrymandering is ever fair? Possible Voters elect their representative accord- tives are elected for two-year terms. If a rep- answer: no, because it favors certain ing to the congressional district in which resentative dies or resigns before the end of groups, and other groups might have a they live. Each state’s legislature is respon- a term, the governor of the representative’s smaller chance of being represented in sible for dividing the state into as many home state is required to call a special elec- gerrymandered districts congressional districts as it has members tion to fi ll the vacancy. in the House of Representatives. District boundaries must be drawn so that each dis- The Senate trict is almost equal in population. The Senate is much smaller than the House of Info to Know Many of these congressional districts Representatives. No matter what its popula- The Capitol Building The U.S. Capitol have very oddly shaped boundaries. A prac- tion, each state is represented by two senators. building is about 750 feet long, 350 As a result, today’s Senate has 100 members— tice called gerrymandering is often the rea- feet wide, and 288 feet high. This vast Gerrymandering two senators from each of the 50 states. son. is the practice of space is divided between ceremonial drawing district lines that favor a particular Senators are elected to Congress for six- political party, politician, or group of people. year terms. Elections are held in November uses, congressional offi ces, and meeting For example, a state legislature made up of of each even-numbered year. However, only chambers. The chambers of the House mostly one party might draw district lines one-third of the Senate’s membership comes of Representatives are in the south wing that place a majority of their supporters in as up for election every two years. Organizing on the second fl oor, while the Senate many districts as possible. elections in this way ensures that at least two- meets in the north wing. When Con- Elections for members of the House of thirds of the senators have prior experience. gress is in session, visitors and the press Representatives are held in November of If a senator dies or resigns before the end of can watch the proceedings of either a term, someone must take his or her place. each even-numbered year. All representa- house from galleries on the third fl oor.
137 go.hrw.com THE LEGISLATIVE BRANCH Online Resources KEYWORD: SZ7 CH5 Differentiating Instruction Below Level ACTIVITY: Running for Congress Learners Having Diffi culty Contrast the House of Representatives 2. Have students refer to the text to help fi ll and the Senate out the graphic organizer with the correct 1. Create a graphic organizer like the one below information. Then, with input from students, on the board. Omit the blue answers. Have fi ll in the graphic organizer on the board. students copy it onto their own papers. 3. Lead a discussion about how the differences
Number Area Length of noted in the graphic organizer lead to of Members Members’ other differences between the House of Members Represent Term Representatives and the Senate. Verbal/ Answers House of Linguistic, Visual/Spatial Representatives 435 district 2 years Analyzing Visuals California, Alternative Assessment Handbook: Rubric 13: Texas, New York, Florida, Illinois and Graphic Organizers Senate 100 state 6 years Pennsylvania (tied) 137 Most states allow the governor to appoint Members of Congress a person to fi ll the vacancy until the next regular election or until a special state elec- Members of Congress have certain require- tion is held. ments they must meet. They also receive Do you think that members of Congress a set salary and benefi ts and must agree to Reading Focus should be allowed to serve for an unlimited uphold a code of conduct in order to be eli- number of terms? Many people believe that gible to hold offi ce. What are the qualifi cations, salaries, the number of terms should be limited. How- Qualifications of Members ever, the Supreme Court disagrees. In 1995 the and rules of conduct for members of To be a representative in the House of Repre- Court ruled that such term limits for federal Congress? sentatives, the Constitution requires that you: offi ces are unconstitutional. The Constitution Members of Congress reserves to the people the right to choose their 1 . be at least 25 years old; federal lawmakers, and term limits would 2. have been a citizen of the United Identify What benefi ts do members infringe upon this right, the Court ruled. States for at least seven years; and of Congress get? offi ces in the Capitol 3. READING CHECK Why be a legal resident of the state you rep- Building, an allowance to pay staff Analyzing Information does the Constitution specify different ways to resent. (Most representatives live in the members, free trips to their home determine the number of members for the House district from which they are elected. states, an allowance for local district and for the Senate? However, the Constitution does not offi ces, a stationery allowance, the require this.) franking privilege, and legal immunity The qualifi cations for members of the Senate differ slightly from those of the House. Make Inferences Why do the To be a U.S. senator you must: House and Senate need codes of POLITICAL CARTOONS conduct for their members? Possible 1. be at least 30 years old; answers: to make clear which actions Term Limits 2. have been a citizen of the United are acceptable and unacceptable, to Term limits would restrict the number of terms a represen- States for at least nine years; and set up consequences for members who tative could serve in a particular office. While many states 3. be a legal resident of the state you have term limits, there are none for members of Congress. behave unacceptably represent. Challenge and Enrichment Activities: Salary and Benefits Chapter 5 As of January 2006, each member of Con- Community Service and Participation gress receives a yearly salary of $165,200. Handbook: Chapter 5: Rate Your Members of Congress have offi ces in the Legislator Capitol Building and receive an allowance to pay staff members. Members of Congress Career politicians receive free trips to their home state, an fear that term allowance for local district offi ces, and a sta- Info to Know limits might force them from office. tionery allowance. In addition, they have the Gerrymandering State legislatures re- franking privilege —the right to mail offi cial sponsible for drawing the boundaries of letters or packages free of charge. congressional districts have often been Members of Congress also have immunity , accused of gerrymandering. The term is or legal protection. Immunity means that when Congress is in session its members can- a cross between Gerry and salamander . ANALYSIS ANALYZING POLITICAL CARTOONS not be arrested in or on their way to or from a In 1812 political opponents criticized SKILL meeting in Congress. This protection ensures (perhaps unfairly) Governor Elbridge What point do you think this cartoon is trying to make about term limits? Do you agree? Why or that Congress members are not unnecessarily Gerry of Massachusetts for the creative why not? kept from performing their duties. drawing of congressional district bound- aries in a way that benefi ted his party. 138 CHAPTER 5 The bizarre shape of one congressional district reminded some observers of a salamander, and was called a “gerry- Differentiating Instruction At Level Standard English Mastery mander” by some people. English-Language Learners Advertise for Senators and 3. Ask volunteers to present their ads to the Representatives class. Have students identify similarities and Answers 1. Divide the class in half. Assign one half to differences between ads for representatives Analyzing Political Cartoons write a help-wanted ad for the position of and for senators. As students are identifying Possible answer: Although politicians are representative and the other half to write an similarities and differences between their ads, scared of them, term limits are not very ad for a senator. have them point out adjectives and phrases frightening. Students should explain the that should attract readers. Verbal/Linguistic 2. reasons for their opinions. Have students write their help-wanted ads. The ads should include job requirements and Alternative Assessment Handbook: Rubric 2: Reading Check to make sure that Advertisements both large and small states are fairly qualifi cations for the positions. Encourage represented and to allow each house to students to be creative in their attempts to check the actions of each other attract people to run for Congress. 138 Rules of Conduct to discipline its members. A person who is Both houses of Congress have the right accused of a serious offense might be expelled to decide who shall be seated as members. from offi ce. Expulsion of a member means Sometimes members of the Senate or the that the person must give up his or her seat House question the qualifi cations of a newly in Congress. Expulsion from the Senate or Close elected member of Congress. For example, House requires a vote of two-thirds of the in 1996, Republican Representative Robert senators or representatives. Have students summarize the similari- Dornan challenged the election of Democrat Expulsion is rare. Only fi ve House ties between the House of Representa- Loretta Sanchez. In such a case, the member members have been expelled, the last one tives and the Senate. may not be seated until an investigation of in 2002. In the Senate, 15 members have the charges is made. The House considered been expelled. The last senator expelled was Review Dornan’s challenge and eventually ruled that Jesse D. Bright in 1862. He was expelled for Online Quiz: Section 1 Sanchez was the winner. supporting the Confederacy. Quiz Game The Supreme Court may review Less serious offenses may bring a vote the actions of Congress in this regard. of censure , or formal disapproval of a Assess Congress seldom has refused to seat one member’s actions. A censured member of its members. must stand alone at the front of the House SE Section 1 Assessment The House and Senate have passed codes or Senate and listen as the charges against Daily Quizzes: Section 1 of conduct for their members. These codes him or her are read. establish limits to the amount of outside Since 1789, the Senate has censured only Reteach 9 of its members, the last one in 1990. The income a member of Congress may earn and Main Idea Activities for Differentiated House has censured 22 of its members. requires members to make a full disclosure of Instruction: Section 1 their fi nancial holdings. What would happen if a member of READING CHECK Summarizing What are Congress violated the code of conduct? The the qualifications for senators? For Constitution allows both houses of Congress representatives? go.hrw.com Online Quiz KEYWORD: SZ7 HP5 SECTION 1 ASSESSMENT
Reviewing Ideas and Terms Critical Thinking 1. a. Defi ne Write a brief defi nition for each of the 3. Comparing and Contrasting Use your notes following terms: bicameral legislature , appor- and a graphic organizer like this one to identify the tioned , and gerrymandering . similarities and differences between the House of b. Analyze Information If a senator dies or Representatives and the Senate. resigns before the end of a term of offi ce, the seat must be occupied. Why do you think this law exists? House Both Senate c. Make Predictions What might have hap- pened if the House of Representatives had never been formed and only the Senate represented the people? Focus on Writing 2. a. Defi ne Write a brief defi nition for each of 4. Supporting a Point of View the following terms: immunity , expulsion , and Where do you censure . stand on congressional term limits? Write a posi- tion statement agreeing or disagreeing with the b. Defend a Point of View Do you think mem- Supreme Court’s decision on the issue of bers of Congress should be required to make a full congressional term limits. disclosure of their fi nancial holdings? Why or why not?
THE LEGISLATIVE BRANCH 139
Section 1 Assessment Answers
1. a. bicameral legislature, p. 136; apportioned, their connections to businesses and other p. 136; gerrymandering, p. 137 b. Possible organizations. answer: so each state will always have an 3. Similarities: both part of Congress, members equal and fair number of representatives c. are elected, members have to be legal resi- Students’ answers will vary but should show dent in the state they represent, members understanding of the differences between receive same salary; differences: states Answers the houses of Congress. represented by population in House, but Reading Check senators: at least 2. a. immunity, p. 138; expulsion, p. 139; censure, represented equally in Senate; different age 30 years old, U.S. citizen for at least p. 139 b. Answers will vary but should show requirements and citizenship requirements nine years, legal resident of state you that this requirement is meant to give people represent; representatives: at least 25 4. Students’ position statements should years old, U.S. citizen for at least seven information about elected officials, such as consider the benefits and problems of years, legal resident of the state you Congressional term limits. represent 139 Why It Matters How Congress Is Organized Ask students to suggest strategies that a BEFORE YOU READ TAKING As you read, take large group might use to handle a heavy NOTES notes on how workload. (Possible answers include The Main Idea Reading Focus Key Terms Congress is organized. Use a graphic organizer like this one dividing up the work and selecting Congress is organized 1. What are the terms and sessions , p. 140 to record your notes about leaders to monitor the workload.) Write in a way that allows its sessions of Congress? caucuses , p. 141 terms and sessions and the 2. students’ responses on the board and members to consider and How is Congress organized? president pro tempore , organization of Congress. pass legislation without p. 141 discuss them briefl y. Then explain to each member having to do whip , p. 142 everything. U.S. Congress students that the organization of Con- Speaker of the House , p. 142 gress helps it handle its heavy work- load. As you read the chapter, point out parallels between students’ ideas and the ways Congress is organized. What if you had to remember to breathe, digest, and circulate Key Terms blood? Your body is organized so that everything works together to Preteach the following terms: keep you going. Similarly, if every member of Con- sessions meetings of Congress (p. 140) gress had to deal with every legislative detail, gov- caucuses private meetings of a political ernment would grind to a halt. To avoid this, Con- party (p. 141) gress divides the workload. president pro tempore president “for the time being” who presides over the Sen- Terms and Sessions ate when the vice president is absent (p. 141) Under the Twentieth Amendment, a term whip offi cer who persuades party mem- of Congress begins at noon on January 3 of bers to vote for party-sponsored legislation every odd-numbered year. The fi rst term of (p. 142) Congress was in 1789. The Congress whose Speaker of the House the person who term lasts from 2005 to 2007 is the 109th presides over the House of Representatives Congress. The Constitution requires Con- (p. 142) gress to meet at least once each year. So As vice president, Dick each term of Congress is divided into two House Speaker Dennis Hastert Cheney is the president of sessions , one for each year of the term. Taking Notes the U.S. Senate. He cannot (left) meets with Vice President Each session begins on January 3 (unless Dick Cheney (center) and Senate vote, however, unless it is • Two-year terms Majority Leader Bill Frist (right). to break a tie. Congress chooses another date). When • Yearly sessions Congress fi nishes its legislative work, both houses adjourn and the session is ended. In U.S. Congress • Party caucuses, whips, unusual circumstances, the president may majority and minority leaders call one or both houses back into a special • Senate: president pro tempore session after they have adjourned. Although • House: Speaker of the House each house usually meets by itself to conduct business, the two houses occasionally meet together in what is called a joint session.
140 CHAPTER 5
Teach the Main Idea At Level How Congress Is Organized 1. Teach Ask students the Reading Focus should suggest any additions or changes to questions to teach this section. their partner’s sentences in a respectful way. 2. Apply Ask students to write a one-sentence 4. Practice/Homework Have students write summary of both major heads in the chapter. a short skit illustrating ways Congress is 3. Review Have students exchange sentences organized. Characters in the skit may be with a partner and make sure his or her House or Senate leaders, or they may be other summaries are correct. Tell students that they members taking part in congressional sessions.
140 CHAPTER 5 Organizational Structure of Congress The president pro U.S. Senate tempore and Speaker U.S. House of Representatives of the House are President of the Senate President Pro Tempore elected by the full Speaker of the House Reading Focus (United States membership of their Vice President) respective houses. Floor Leaders Floor Leaders When are the terms and sessions of Congress? Majority Leader Minority Leader Each party elects its Majority Leader Minority Leader Majority Whip Minority Whip floor leader and his or Majority Whip Minority Whip her assistant (called Terms and Sessions Party Leadership the party whip). Party Leadership Chairman of the Chairman of the Chairman of the Chairman of the Recall When do regular sessions of Democratic Conference Republican Conference Democratic Caucus Republican Conference Congress begin? in the fi rst week of January Committees 4 Joint Committees Committees 16 Standing Committees Special, Select, 20 Standing Committees Draw Conclusions Why do you and Other Committees think the Constitution requires Con- Joint committees have gress to meet at least once every year? Subcommittees members from both the Subcommittees 68 Subcommittees House and Senate. They 97 Subcommittees Possible answer: to make sure Congress generally handle housekeep- has time to deal with important issues. ANALYSIS ing matters and usually do SKILL ANALYZING VISUALS not have the authority to consider legislation. In what ways is the organizational structure of the Senate similar to that of the House of Representatives? In what Reading Focus ways are they different? How is Congress organized? For example, when the president delivers the in each house gather separately in private State of the Union address each year, all the meetings. These private meetings are called Organization of Congress members of the House and the Senate meet party caucuses . At these caucuses, the Explain What is the purpose of party in the House chamber to hear the speech. Republican members of each house choose their own leaders, and the Democratic caucuses? for each party to choose its READING CHECK Contrasting What is the dif- members do the same. The political party own House and Senate leaders ference between a regular session and a special that has the most members in each house is session of Congress? Contrast Who has more power: the known as the majority party. The political Speaker of the House or party whip? party that has fewer members is called the Explain your answer. the Speaker of Organization of Congress minority party. the House because he or she controls The Constitution has only three rules about how Congress should be organized. First, Organization of the Senate who speaks and infl uences business it directs the House of Representatives to The vice president of the United States does in the House select a presiding offi cer. Second, it names not usually preside over the daily meet- Graphic Organizer Activity: Chapter 5 the vice president of the United States as ings of the Senate. Instead, the majority president of the Senate. Third, it calls for party elects one of its members to be the the selection of a senator to preside in the president pro tempore . Pro tempore is a Latin vice president’s absence. phrase meaning for the time being . Shortly after the fi rst day of each term, Each party has its fl oor leaders, known as the Republican and Democratic members the majority leader and the minority leader.
THE LEGISLATIVE BRANCH 141
Collaborative Learning Above Level Answers Hold a Senate Subcommittee Hearing Analyzing Visuals Both include floor leaders, committees, and subcommittees. 1. Start the “Senate Subcommittee Hearing on 3. Hold the subcommittee meeting. Then have They have different numbers and kinds Limiting Congressional Terms” activity in the members of the subcommittee decide of committees. The Senate is led by the the Simulations and Case Studies booklet whether to recommend the legislation to the U.S. vice president and the president by assigning students roles as subcommittee full committee. Interpersonal, Verbal/ pro tempore, while the House of members, the chairperson, or witnesses. Linguistic Representatives is led by the Speaker of 2. Give “senators” time to write a bill and Simulations and Case Studies: Lesson 4: Senate the House. “witnesses” time to prepare their testimony. Subcommittee Hearing on Limiting Congressional Reading Check A regular session Remind students that witnesses’ testimony Terms occurs for both houses every year should refl ect their assigned roles. beginning in January. A special session must be called by the president, is usually in response to a serious problem, and may involve one or both houses. 141 FOCUS ON taken up by the full committee. Each commit- Ileana tee and subcommittee has a chairperson, who Ros-Lehtinen is a member of the majority party, and a rank- (1952- ) ing minority member. The ranking minority member is the highest ranking (and usually Born in Havana, Cuba, Ileana Ros- Close longest serving) member of the minority Lehtinen immigrated to the United Review the ways in which Congress is party on a committee or subcommittee. States at the age of seven. U.S. organized. Representative Lehtinen became Organization of the House the first Latina elected to the Review Florida House of Representatives of Representatives Online Quiz: Section 2 in 1982. In 1989 Ros-Lehtinen also became the first Latina The person who presides over the House when elected to the U.S. Congress, as well as the first Cuban it is in session is the Speaker of the House . Quiz Game American elected to Congress. As an advocate for human The Speaker, who is always a member of the rights and democracy, Representative Ros-Lehtinen helped majority party, is the most powerful offi cer pass the Cuban Democracy Act, which seeks to improve the Assess in the House. For example, no representative lives of Cuban citizens. She is also committed to the effort to may speak until called on, or recognized, by SE Section 2 Assessment preserve and protect the Florida Everglades. Daily Quizzes: Section 2 the Speaker. The Speaker also infl uences the Draw Conclusions Why do you think Ros-Lehtinen supported the order of business in the House. Reteach Cuban Democracy Act? The committee structure in the House is generally similar to the committee structure Main Idea Activities for Differentiated in the Senate, with about two dozen commit- Instruction: Section 2 Each party’s fl oor leader is assisted by a party tees, their subcommittees, committee chair- whip . The whip’s job is to count votes, encour- persons, and ranking minority members. The age party loyalty, and ensure that the party’s names of the House committees are often dif- members are present for important votes. ferent from the names of the Senate commit- The Senate has about twenty committees tees, but the basic organization is the same. that consider legislation and hold hearings. Each committee has one or more subcommit- READING CHECK Summarizing How is each tees that may consider legislation before it is house of Congress organized? go.hrw.com Online Quiz KEYWORD: SZ7 HP5 SECTION 2 ASSESSMENT
Reviewing Ideas and Terms Critical Thinking 1. a. Defi ne Write a brief defi nition for the term sessions . 3. Analyzing Use your notes and a graphic organizer b. Draw Inferences and Conclusions like the one here to explain the structure of the U.S. What do you think are some issues that might cause Senate and House of Representatives. the president to call a joint session of Congress? Senate House 2. a. Defi ne Write a brief defi nition for each of the following terms: caucuses , president pro tempore , whip , and Speaker of the House . b. Elaborate Why does the majority party have an advantage over the minority party under the committee system? Focus on Writing 4. Evaluate What do you think might happen if both houses of Congress are controlled by the same politi- cal party?
142 CHAPTER 5
Section 2 Assessment Answers
1. a. sessions, p. 140 b. Possible answers: a 3. Students should use the chart on page 141 to national emergency or an important speech help them create their graphic organizers. Answers 2. a. caucuses, p. 141; president pro tempore, 4. Students’ answers will vary but should dem- Focus On Possible answer: to improve p. 141; whip, p. 142; Speaker of the House, onstrate an understanding that control of the lives of people born in Cuba, like p. 142 b. The majority party has the most both congressional houses increases a politi- herself committee members and chooses each cal party’s power. Reading Check Students should committee’s chair, who controls its work. describe the organization of each house, including the responsibilities of the Speaker of the House, floor leaders, party whips, vice president, president pro tempore, majority leader, and minority leader. 142 The Powers of Congress Why It Matters Have students read the excerpt from BEFORE YOU READ TAKING As you read, NOTES take notes on the Profi les in Courage , Primary Source The Main Idea Reading Focus Key Terms powers and limits of Congress. Reading 66 in From the Source: Read- Use a chart like this one to The Constitution both 1. What types of powers are implied powers , p. 144 organize your notes. ings in Economics and Government and defines and limits the granted to Congress? elastic clause , p. 144 answer the questions. Then ask students Powers Limits powers of Congress. 2. What are some of the limits impeach , p. 144 on the powers of Congress? to take a few moments to think of pow- treason , p. 145 ers that they think senators should have. List students’ responses on the board. Ask students to explain how a sena- tor should balance these powers with Who decides how to spend the obligations to constituents and other money in your house? In many interests. Tell students that the powers families, it is a team discussion. given Congress are limited partly to ad- Some bills must be paid now, while dress this issue. some can be paid later. It’s that way in government. Congress collects money through taxes, decides how Key Terms to spend it, and pays the bills. And these are only Preteach the following terms: some of its powers. implied powers authority that Congress Congressional Powers has claimed under the elastic clause (p. 144) elastic clause part of the Constitution Some of the powers of Congress have been giving Congress the power to do any action expressly granted, or delegated, by the Con- relating to its delegated powers that it con- stitution. Other powers are implied by the siders “necessary and proper” (p. 144) language of the Constitution. The Constitu- impeach to accuse an offi ce holder of tion also gives Congress impeachment power misconduct (p. 144) and specifi c special powers. treason act that betrays or endangers Delegated Powers one’s country (p. 145) Article I, Section 8, of the Constitution lists the powers delegated to Congress. These powers Taking Notes can be grouped into fi ve general categories. Powers Limits Financing Government The Constitu- • Delegated powers • Powers reserved for • Implied powers state governments tion grants Congress the power to fi nance • Impeachment • Passing types of laws the federal government. In order to pay for • Special powers of forbidden by the government programs and defense, Con- each house Constitution As one of its delegated powers, Congress can authorize gress has the authority to raise and collect the printing and coining of money. taxes, to borrow money, and to print and coin money.
THE LEGISLATIVE BRANCH 143
Teach the Main Idea At Level The Powers of Congress 1. Teach Ask students the Reading Focus powers of Congress and the limits on those questions to teach this section. powers. 2. Apply Tell students to create an outline of 4. Practice/Homework Have students use the section as they read. information from their outline to create a 3. Review Have volunteers share details from comic strip illustrating one of the powers their outlines with the class about the of the House, the Senate, or the entire Congress.
THE LEGISLATIVE BRANCH 143 Powers Granted in Powers of Congress Article I, Section 8: Article I, Section 8 of the U.S. Constitution lists all the powers of • Collect taxes Congress. The last power listed is “to make all laws which shall be • Borrow money necessary and proper” to execute all the other powers. Known as the • Coin money Reading Focus elastic clause, this phrase gives the government the ability to expand • Punish counterfeiters to meet needs that the Founding Fathers could not have foreseen, such • Regulate trade as the creation of a national system of highways. • Grant copyrights and patents What types of powers are granted to • Make immigration law • Form the federal court system Congress? • Punish piracy • Declare war Congressional Powers • Fund and regulate armed forces • Form and arm militias Identify In what fi ve areas does the • Establish a postal service Constitution delegate to Congress the • Create Washington, D.C. power to make laws? fi nancing gov- ernment, regulating and encouraging American trade and industry, defend- ANALYSIS ing the country, creating lower courts, SKILL ANALYZING VISUALS and providing for growth Do you think that the creation of a national Make Inferences Why is impeach- system of highways was a “necessary and proper” act of Congress? ment so rare? It is a very serious step and is reserved for only the most serious situations, such as when an Regulating and Encouraging American [carrying out] the foregoing powers.” This offi cial has committed a crime. Trade and Industry Congress helps means Congress has been given the power to Elaborate Why do you think the businesses by regulating trade with do any action relating to its delegated powers framers of the Constitution decided foreign countries and among the states that it considers “necessary and proper.” The and by passing laws that protect the powers that Congress has exercised under to include the elastic clause? Possible rights of inventors. this clause are called implied powers . answer: They wanted to make sure Defending the Country Congress has For example, Congress established Congress would have enough power to the power to declare war and to main- national military academies to train offi cers govern effectively. tain armed forces. for the armed forces. The Constitution does not specifi cally give Congress this power. Creating Lower Courts Congress has the However, Congress argued that establishing power to pass certain laws. To ensure that the academies is “necessary and proper” to these laws are upheld, Congress has set up ensure the defense of the United States. a system of national courts. The necessary and proper clause allows Providing for Growth Congress can pass Numbered Heads When orga- Congress to stretch delegated powers to cov- laws to regulate immigration and natural- nizing students into groups, assign er many other areas. Because of its fl exibility, ization. Congress is also given the power each group member a number. the necessary and proper clause is also called to govern the country’s territories and to the elastic clause . Then assign tasks or ask ques- provide for the admission of new states. tions based on that number. For Impeachment Power example, make the person in each Implied Powers Congress has the power to impeach fed- group assigned the number one The Constitution states that Congress has the eral offi cials charged with serious crimes responsible for taking notes. Make power “to make all laws which shall be nec- and bring them to trial. To impeach is sure that everyone has an assigned essary and proper for carrying into execution to accuse an offi ceholder of misconduct. task. Giving students roles within the group should help students 144 CHAPTER 5 divide work evenly and clarify the ways each is expected to contrib- ute to the project. Collaborative Learning At Level Act Out the Powers of Congress 1. Organize the class into fi ve groups. Assign newspapers to gather information on current each group one of the fi ve delegated powers events that can be worked into the scenes. of Congress. 3. Have the groups perform their skits in front 2. Have each group prepare a dramatic scene of the class. Then ask the rest of the class to that illustrates its assigned power. The power guess which power is being illustrated. itself must not be mentioned. You may Kinesthetic, Verbal/Linguistic choose to have students look through recent Answers Analyzing Visuals Possible answer: Yes; people need to be able to travel easily through the country. 144 Congress may remove these offi cials from by only one vote. President Clinton was offi ce if they are found guilty of serious impeached in December 1998 on charges crimes such as treason. Treason is an act that he lied under oath and obstructed jus- that betrays or endangers one’s country. tice. The Senate found Clinton not guilty of The charges against an accused offi cial both charges. In 1974 the threat of impeach- MISCONCEPTION must be drawn up in the House of Represen- ment led President Richard M. Nixon to ALERT tatives. If a majority of representatives vote resign from offi ce. What Is Impeachment? Many people in favor of the list of charges, the offi cial is impeached, or formally accused. The individ- Special Powers believe incorrectly that impeachment ual will then be put on trial. The procedure The Constitution gives each house of Con- refers to the conviction and removal of drawing up and passing the list of charges gress certain special powers. For example, the from offi ce of high offi cials at the end in the House is called impeachment. House of Representatives must start all bills of a trial. In fact, impeachment refers The trial on the impeachment charges is for raising revenue. The House also has the only to bringing those offi cials to trial. held in the Senate. During the impeachment sole power to impeach public offi cials, and Impeached offi cials may subsequently trial, the Senate becomes a court. The vice the House chooses the president if no presi- either be found guilty or acquitted. If president usually acts as the judge. However, dential candidate receives enough electoral acquitted, an offi cial remains in his or if the president is impeached, the chief jus- votes to be elected. tice of the Supreme Court presides over the The Senate has four special powers. her position. If found guilty, he or she trial instead. Two-thirds of the Senate must is removed from and disqualifi ed from 1. All impeachment trials must be held in fi nd the offi cial guilty before he or she can be holding offi ce. Even a guilty verdict in the Senate. dismissed from offi ce. an impeachment does not lead directly Two presidents, Andrew Johnson and 2. If no vice presidential candidate receives to other criminal penalties. Bill Clinton, have been impeached. In 1868 enough electoral votes to be elected, the President Johnson was found not guilty Senate chooses the vice president.
Linking to Today Presidential Impeachment Trials The 1868 impeachment trial of President Andrew Johnson was very public and very political. Johnson’s impeachment stemmed from his violation of the Tenure of Office Act—and his unfriendly relationship with Congress. Despite these factors, the Senate adjourned the trial after acquittal votes on the first three of the 11 charges against Johnson. President Bill Clinton’s 1999 impeachment trial also caused a national sensation. As with Johnson, Clinton’s relationship with some members of Congress complicated the obstruction of justice and perjury charges against him. Yet public approval ratings of the president remained high during the trial. Soon members of both ANALYSIS parties realized that a two-thirds vote SKILL ANALYZING VISUALS to convict was impossible. Making Inferences How might Congress’s Clinton was acquitted on February 12. power to impeach sometimes clash with party politics?
THE LEGISLATIVE BRANCH 145
Differentiating Instruction Above Level Advanced Learners/GATE Research Required Debate the Power of Congress 3. Give students time to meet with their groups 1. Divide students into two groups. Assign to develop more arguments and examples to one group to support and one to oppose the support their assigned position. following statement: The U.S. Congress has 4. Have the two groups debate whether or too much power. not Congress has too much power. Remind 2. Have each student collect three articles from them to use examples from their articles to newspapers or news magazines to support the support their arguments. Verbal/Linguistic, assigned argument. Interpersonal Answers Analyzing Visuals Congress might want to impeach a person from a different party for political reasons. 145 3. All treaties, or written agreements, with establish marriage laws. The Constitution also foreign nations must be approved in the specifi cally forbids Congress from: Senate by a two-thirds vote. • Passing ex post facto laws—laws that 4. Certain high offi cials, such as Supreme apply to actions that occurred before the Reading Focus Court justices, appointed by the presi- laws were passed dent must be approved in the Senate by • Passing bills of attainder—laws that sen- a majority vote. tence people to prison without trial What are some of the limits on the • Suspending the writ of habeas corpus— powers of Congress? The House is often the more active legislative removing the right to a court order, called body, while the Senate is said to be the more a writ, requiring that a person be brought Limits on Powers deliberative and cautious body. to court to determine if there is enough READING CHECK evidence to hold the person for trial Identify Which amendment to the Supporting a Point of View Which powers of Congress do you think are the • Taxing exports Constitution reserves some powers most important? Explain your answer. • Passing laws that violate the Bill of Rights for the state governments? the Tenth • Favoring trade of a state Amendment Limits on Powers • Granting titles of nobility • Withdrawing money without a law Elaborate What might be an ex- The Constitution places limits on the powers ample of a law Congress could not granted to Congress. For example, the Tenth For further explanation of these restrictions, pass? Answers will vary but should Amendment reserves some powers for the state see the U.S. Constitution, pages 53–81. show students’ understanding of the governments. These reserved powers include READING CHECK Analyzing Information Why limits on the powers of Congress. the states’ authority to regulate and conduct do you think the Constitution limits the powers of elections, create and administer schools, and Congress?
go.hrw.com Online Quiz KEYWORD: SZ7 HP5 SECTION 3 ASSESSMENT Close Reviewing Ideas and Terms Critical Thinking Lead a discussion on the powers, roles, 1. a. Defi ne Write a brief defi nition for each of the 3. Categorizing Using your notes and a chart like and limits of the Congress. following terms: implied powers , elastic clause , the one here, categorize the powers granted to the impeach , and treason . U.S. Congress. Review b. Compare and Contrast How are the Special Powers Limits on Powers Online Quiz: Section 3 special powers granted to the Senate different than the special powers granted to the House Quiz Game of Representatives? c. Elaborate Why do you think the Senate Assess must approve of certain high offi cials appointed by the president? SE Section 3 Assessment 2. a. Recall What types of powers are reserved to the Focus on Writing Daily Quizzes: Section 3 states under the Tenth Amendment? 4. Evaluating Imagine that you are a Congress b. Analyze Information Why do you think member who supports building a new military Reteach Congress is prohibited from taxing exports? academy. Write a speech that explains why Congress c. Elaborate Why do you think Congress is Main Idea Activities for Differentiated has the power to set up this academy. Be sure to specifi cally forbidden from some actions? Instruction: Section 3 address the fact that the Constitution does not specify that Congress can do this.
146 CHAPTER 5
Section 3 Assessment Answers
1. a. implied powers, p. 144; elastic clause, p. establish marriage laws b. Possible answer: It 144; impeach, p. 144; treason, p. 145 b. Unlike would harm trade. c. because those actions the House, the Senate approves treaties and would violate states’ or citizens’ rights nominations of high officials, holds impeach- 3. Students should use the graphic organizer to ment trials, and chooses the vice president if explain the special powers of Congress and no candidate receives a majority of electoral how congressional powers are limited. Answers votes. c. to check and balance the presi- 4. Speeches will vary but should refer to Reading Check (left) Students’ dent’s power and to make sure all nominees Article I, Section 8 of the Constitution and answers will vary but should show are well-qualified the need for a new military academy. understanding of the powers of 2. a. the authority to regulate and conduct elec- Congress. (right) Possible answer: tions, create and administer schools, and to protect states’ powers and citizens’ rights 146 CRITICAL THINKING PARTICIPATION MEDIA LITERACY Analyzing Advertisements Analyze a Radio or Analyzing Advertisements Television Advertisement Play for students an advertisement for a popular Learn quotes from people familiar with the product or product recorded from television or the idea. Determine what information can be proven. radio. Have them just listen to it the Advertisements are all around us—billboards on 3 Identify techniques . Advertisements use fi rst time. Before you play it again, buses, bumper stickers on cars, and commercials on different methods to persuade us. Some advertise- tell students to take notes on the television or the radio. All of these advertisements ments appeal to our emotions or try to convince us advertisement’s message, information, have a common goal: to convince you to buy or that everyone supports the product or idea. and techniques. Then lead a discus- support something. Manufacturers use advertise- 4 ments to persuade you to buy their goods. Candi- Draw conclusions. Carefully study the adver- sion about the advertisement. Make dates running for office use ads to ask for your vote. tisement and the facts presented. Then, ask your- sure students can identify the product To make a decision about whether to purchase a self whether you support the point of view of the being advertised, the facts and opinions product or support a candidate, it is important to advertisement. presented, and the persuasive techniques analyze advertisements carefully. used. If necessary, play the adver- Apply tisement again. Then ask students to Practice Analyze the political advertisement below carefully. explain why they did or did not fi nd the Use the example of an advertisement to answer the 1 Determine the message. The purpose of an advertisement convincing. questions below. advertisement is to sell a product, service, or idea, whether a car, a movie, a slogan, or something else. 1. What is the “product” in this advertisement? go.hrw.com When you view an advertisement, always identify What techniques does the advertisement use to Online Resources what is being sold. sway your opinion? KEYWORD: SZ7 CH5 ACTIVITY: Analyzing 2 Examine the information. Advertisers often 2. What facts does this advertisement present? Advertisements use facts and opinions to persuade us to support What opinions does it present? their product or idea. The facts might be statistics 3. Did this advertisement win your support? Why or evidence from research. Opinions might be or why not?
Illustrated example of a political advertisement
THE LEGISLATIVE BRANCH 147
Civics Skills Activity: Analyzing Advertisements At Level Compare and Contrast Advertisements Answers 1. Have students fi nd and cut out an two ways they are different. If students are advertisement from a newspaper or magazine. having trouble, suggest that they examine Apply 1. Maria Sandoval, a candidate for the U.S. Congress; points to her the advertisements’ message, information, 2. Tell them to follow the steps listed on the past and possible future achievements page to analyze their advertisement. techniques, and effectiveness. 2. Facts: Maria Sandoval raised the 3. Instruct students to form pairs and compare 4. Invite volunteers to share the similarities and minimum wage, increased health care what they have learned about their differences they found. As a class, try to come benefits, and increased school funding advertisements. Tell them to list at least two up with generalizations about advertisements when she was governor. Opinion: Maria Sandoval is the right choice for working ways their advertisements are similar and based on these fi ndings. Americans. 3. Students’ answers will vary but should show understanding that the advertisement does not present balanced information. 147 Why It Matters How a Bill Becomes a Law Ask students to suggest a law they BEFORE YOU READ TAKING As you read, take would like to see passed that has some NOTES notes on how a bearing upon their lives. Remind them The Main Idea Reading Focus Key Terms bill begins, how the House and Senate consider a bill, and to make sure their law falls within the To become a law, a bill 1. How does a bill begin? bill , p. 148 what actions the president can powers of Congress. Write students’ goes through a multistage 2. How do the House and the appropriation bill , p. 148 take with a bill. Use a diagram process involving both Senate consider a bill? act, p. 148 like the one here to record ideas on the board. Then ask them who 3. houses of Congress. In what ways can the filibuster , p. 150 your notes. they think can originate a bill. Help president act on the bill? cloture, p. 150 students understand that, in the United veto, p. 152 States, voting citizens are among the pocket veto , p. 152 groups who can originate ideas for a bill—although only members of Con- gress can introduce a bill. Tell them that If you asked your classmates what Sources of Legislation members of Congress and the president single change would improve your Where do the ideas for these bills begin, or can also originate ideas for a bill. school, you might get 20 different originate? Ideas come from several sources, Academic Vocabulary ideas. If you asked every student including U.S. citizens, organized groups, in your school, you would get even more ideas. congressional committees, members of Con- Review with students the high-use academic Some ideas would be better than others. Which gress, and the president. term in this section. idea would you try to put into effect? This is the When a large number of constituents, procedure a series of steps by which a job of Congress—its members have many ideas for or citizens of a Congress member’s district, task is completed (p. 150) legislation but must decide which ideas deserve to requests a law, the Congress member usual- become laws. ly listens. If the member of Congress agrees, Key Terms he or she then introduces a bill that refl ects Preteach the following terms: How a Bill Begins the constituents’ ideas. Sometimes members of Congress intro- bill proposed law (p. 148) A bill is a proposed law. Getting a bill passed is a long and diffi cult process. This careful duce bills because certain groups ask them appropriation bill possible law approving to do so. For example, businesspeople may the spending of money (p. 148) process helps ensure that the country’s laws will be sound ones. want to limit competition from industries act a law (p. 148) in other countries. Labor groups may call for fi libuster delaying votes in the Senate by Congress Considers Legislation laws establishing improved working condi- making lengthy speeches (p. 150) Each year the Senate and the House of Repre- tions or higher hourly wages. cloture procedure for ending debate in the sentatives consider thousands of bills. A bill Bills can originate from members of Con- Senate and taking a vote (p. 150) can be introduced in either house. The only gress themselves. Congress members often appropriation become experts in certain fi elds. A repre- veto when the president refuses to sign a exception to this rule is an bill sentative who has experience with farming bill (p. 152) , or bill approving the spending of money, which must begin in the House of Represen- issues, for example, may introduce a bill to pocket veto when the president does not tatives. Both the House and Senate must pass fund an agriculture program. sign a bill within 10 days when Congress is the bill. Once passed, the bill can be signed by Perhaps the most infl uential person to not in session, preventing it from becoming the president and become a law. A law is also introduce a bill is the president. Early in each law (p. 152) known as an act . session, the president appears before a joint Vocabulary Activities: Chapter 5 Taking Notes 148 CHAPTER 5 Citizens, The bill is sent The president groups, to committee may sign the Teach the Main Idea At Level committees or and, if passed, bill into law, members of is voted on not sign it, or Congress, or by the House veto it. How a Bill Becomes a Law the president and the propose a bill. Senate. 1. Teach Ask students the Reading Focus of a bill becoming a law. With students’ questions to teach this section. help, create a master list on the board. 2. Apply As students read this section, have 4. Practice/Homework Have students create them write a list of steps a bill goes through a poster tracking a bill currently moving as it becomes a law. Encourage students to through Congress. They may refer to their be as specifi c as possible. posters while studying how a bill becomes a 3. Review To review the section’s main ideas, law. ask volunteers to share steps in the process
148 CHAPTER 5 Reading Focus
Constitution and How does a bill begin? Citizenship Day How a Bill Begins Draw Conclusions In 2004 Congress passed a law establishing September 17, the date the Why do you Constitution was signed in 1787, as Constitution and Citizenship Day. think members of Congress often The law requires all schools that receive federal funds to hold an edu- introduce bills based on the president’s cational program of their choice about the Constitution for all students ideas? Possible answers: Congress on that date. members might agree with the presi- This law did not pass through the usual process dent on the issue or want the presi- of introduction, readings, committee review, dent’s support on other issues. and floor debate. Instead, Senator Robert Byrd of West Virginia added Elaborate it as a rider to a 2005 federal appropriations bill. A rider is an amend- How might you infl uence ment to a funding bill and is used to pass legislation unrelated to the your senator or representative to intro- main bill. Opposing and defeating a rider can potentially jeopardize duce a bill? Possible answer: by writ- the passage of the original bill. Constitution Day gives ing an e-mail or letter and organizing Most Americans agree that learning about the Constitution is impor- students the opportunity to people to support the bill tant. Some people argued that in passing the rider, however, Congress discuss the U.S. Constitution. used powers reserved to the states by requiring the teaching of a go.hrw.com particular topic. Supporters of the rider point out that ANALYSIS EVALUATING THE LAW KEYWORD: SZ7 CH5 any schools that do not want to have Constitution Day SKILL Reading Focus programs do not have to take federal education funds. Should members of Congress be allowed to attach riders to funding bills? Explain. How do the House and Senate consider a bill? session of Congress to deliver the State of the assigned letters and a number, such as Union address. In this speech the president HR1215. The letters HR indicate that the The House and the Senate recommends laws that he or she believes bill was introduced in the House of Repre- Consider the Bill are needed to improve the country’s well sentatives. The number 1215 indicates the being. Members of Congress who agree with bill’s place among all the bills introduced Describe What can happen to a bill the president soon introduce many of these in the House during the current session being considered by a House com- ideas as bills. of Congress. After the bill is introduced, it mittee or subcommittee? It can be is printed in the Congressional Record . The READING CHECK Summarizing What groups or set aside or—after hearings—it can Congressional Record is a publication that individuals might come up with ideas for bills? be accepted, rejected, or changed. If covers the daily proceedings of Congress. accepted, it may then be sent to the The House and the Senate The Bill Is Sent to Committee whole House. Elaborate Consider the Bill The bill is then sent to a standing committee. Why might the House of Any member of either house can intro- A standing committee is a permanent con- Representatives and the Senate pass duce a bill. When a bill is introduced, it is gressional committee that meets regularly. different versions of a bill? Possible answer: The Congress members on the THE LEGISLATIVE BRANCH 149 committees might disagree about the best way to approach the situation or have heard different evidence. Critical Thinking: Sequencing At Level From the Source: Readings in Economics and Government: Reading Create a Public Service Announcement 29: Excerpt from a Filibuster 1. Organize the class into small groups. Ask students that jingles should be informative students to imagine that they are members and easy to remember. of an advertising team that has been asked 3. Ask volunteers to share their group’s jingle to create a public service announcement with the class. Auditory/Musical, Verbal/ Answers explaining to the public how ideas for bills Linguistic originate. Alternative Assessment Handbook: Rubric 26: Evaluating the Law Possible 2. Have each group create an advertising jingle Poems and Songs answer: yes, because they are not to accompany its announcement. Remind unconstitutional Reading Check U.S. citizens, organized groups, congressional committees, members of Congress, the president 149 Usually the subject of the bill determines action has been completed on amendments, which committee will study it. The commit- the House is ready to vote on the entire bill. tee may then refer the bill to a subcommittee In most cases, a majority is needed to pass a for review. Sometimes, a bill is set aside and bill. If the bill is an important one, a roll-call Reading Skill is never returned to the fl oor for action. This vote is taken. Each member’s name is called, action effectively kills the bill. If the bill is not and a record is made of his or her vote. If the After students have read the set aside, the committee holds hearings on the bill passes the House, it is then sent to the text under the heading The House and bill. At the hearings the committee calls wit- Senate for consideration. the Senate Consider the Bill, ask them nesses to testify for and against the bill. These The Senate Acts on the Bill the following questions about cause and witnesses give committee members the infor- mation they need to recommend that the Whether a bill is introduced in the Senate or effect: is a bill that has been passed by the House, it • What is the desired effect of a fi libus- bill be accepted, rejected, or changed. After the hearings, the committee may pass the bill goes through the same steps as a bill in the ter? to delay the vote on a bill without changes, make changes and pass the House. The bill is read and is sent to a com- • What must happen in order for a bill, or vote to kill the bill. mittee. After committee hearings and any bill to make it the Senate? It must revisions, the bill is sent back to the Senate fi rst pass through committee and the The House Acts on the Bill for a vote. House. In the House, if the committee recommends Unlike members of the House of Repre- the bill, it is offi cially reported out of commit- sentatives, senators usually are not limited in Info to Know tee. The bill is sent back to the House of Rep- their debate of a bill. In the Senate, speeches may last a long time. To prevent the Senate Constitution Day The U.S. Constitu- resentatives and placed on the House calen- dar. The calendar is the schedule that lists the from taking a vote on a bill, some senators tion was signed on September 17, 1787. order in which bills have been reported out may threaten to talk for many hours, thereby Since 1952, this day has been known of committee. However, bills do not usually “talking the bill to death.” This method of as “Citizenship Day.” In 2005 Senator come to the fl oor in the same order in which delay is called a fi libuster . Debate in the Sen- Robert Byrd’s amendment to a budget ACADEMIC they appear on the schedule. The Speaker of ate, including fi libusters, can be limited only act changed the day’s name to “Con- VOCABULARY the House determines when or if a bill will if at least three-fi fths of the full Senate vote stitution and Citizenship Day.” The procedure: reach the fl oor and where it will be debated. to limit it. The legislative procedure for end- a series of steps ing debate in the Senate and taking a vote amendment also required all schools by which a task Before the House begins debate on the is called cloture . After senators fi nish their that receive federal funding to teach is completed bill, the House Rules Committee decides how debate on the bill, a vote is taken. about the Constitution on that day. In much time will be given to debate the bill. The time to be spent in debate, or discussion, The Final Bill Is Sent to the President 2005, institutions ranging from public is divided evenly between supporters and When a bill passes the House and Senate in elementary and high schools to cos- opponents of the bill. House members may identical form, it is ready to be sent to the metology schools to Yale University offer amendments to the bill, but the amend- president. However, the two houses often sponsored Constitution Day activities ments must be relevant to the bill. pass different versions of the same bill. To such as lectures and quizzes. For the debate on some legislation, the reconcile any differences, the bill is sent to House acts as a Committee of the Whole, a conference committee. A conference com- which means that all the members act as mittee is made up of an equal number of one large committee. Amendments may senators and representatives who work to be offered, but not always. Debate on each reach a compromise on the bill. The com- amendment is limited, and then a vote is promise bill is sent back to both houses, taken on the amendment. When all discus- which usually approve the work of the con- sion is fi nished and all amendments consid- ference committee. ered, the bill as a whole is voted on. A quorum, or majority of the members, READING CHECK Summarizing Describe the must be present in order to do business. When process that a bill goes through in Congress.
150 CHAPTER 5
Collaborative Learning Above Level Vote on Committee Bills 1. Organize the class into groups of three or four 3. Have each group present its bill to the class. students. Assign each group a different House Allow members of the class to suggest of Representatives committee. Ask students amendments and discuss the bill before to imagine that they are members of that holding a fi nal vote. Introduce and have committee considering a bill. students use basic parliamentary procedure 2. Distribute copies of a recent bill for students for this discussion. For example, have to use as a model. Then have each group students address their comments only to the Answers draft a bill on an idea appropriate to their Chair and raise points according to standard committee. Have groups give their bills titles, rules of order. Verbal/Linguistic, Interpersonal Reading Check The bill is sent to a numbers, and cosponsors. Alternative Assessment Handbook: Rubric 14: committee before being debated and Group Activity voted on in the entire House or Senate. 150 go.hrw.com Interactive Art / KEYWORD: SZ7 CH5 How a Bill Becomes a Law Every law begins by passing through the House and Senate as a bill. A bill may be introduced into the House and Senate at the Linking to Today same time, or it may pass one house and then move to the other. The Power of the Chair After a bill 1 is introduced, it is sent to a standing committee. Once there, the fate of the 1 A constituent or another individual bill may well rest in the hands of the approaches a Congress member with ED C committee chair. As Woodrow Wilson U D an idea for a bill. O ATE R EN T S IIN TO once remarked, “I know not how better TO ED E 2 After passing both houses, the two IN N E IG ITT SS M versions are merged into one bill for the A M TTEE to describe our form of government CO president to sign or veto. With a two-thirds than by calling it a government by the SUBCOMMIMAKES majority, Congress can override even a
EE presidential veto. Chairmen of the Standing Committees RECOMMENDATIONSITT M M INTRODUCED CO of Congress.” In 2005 there were 14 INTO HOUSE DEBATES, AMENDS, TO THEN VOTES EBATES, standing committees in the Senate and TEE HEN ATE D DS, T ASSIGNED N E SE EN 20 standing committees in the House of COMMIT TE AM VOTES IT S N M O M ES TI Representatives. There were also four CO K A B A D U M N , S E S M E D TE joint committees with members from M E N A O E C S , N ITT E E M S E TO E R M E E A N D , T both houses. M E E S TT A I E H TO S N B E CO T T G M E E INTRODUCED I A , IN T S B S S M T D S I N E THEN VOT D E A M O D CO S I S N M VOTES E U E K AT CO D Info to Know A O M B M N H A U E S M , M EE S CO D “There Oughta Be a Law” Citizens’ E ITT EN R M M COM ES, A ideas can inspire bills at the local and AT EB D THEN VOTES state levels as well as the national level. , D BATES CE E D E U E ENAT HEN To encourage citizens to share their D US S S, T RO O END T H TO AM IN E TO D E VOTES E E S ideas, California assembly-member IN E N ITT N G , 3 I O TT S If the president takes no action on a bill S M I I T S M S D A A E E N Joe Simitian sponsored a contest called E EN
M D TES, 2 for 10 days, the bill automatically becomes COM K E
A N A TT CO E M M I
B EB a law. But, if Congress adjourns its session M A CONFERENCE M , TH S, “There Oughta Be a Law.” Contest en- U S M S E COMMITTEE
VOTES T during that 10 days, the bill is automatically SE D CO
END E COM A
U THEN VOTES MERGES THE R B trants suggested bill ideas, and winners’
E vetoed, a process known as a pocket veto. AM
HO D TWO BILLS bills were introduced in the California 3 Assembly. By 2004, six contest-winning HOUSE AND SENATE bills had become California law. ON MERGED VO TE
BILL
IF VETOED / Have students visit Interactive Art: CONGRESS MAY OVERTURN WITH A go.hrw.com (Keyword: SZ7 CH5) TWO-THIRDS VOTE PRESIDENT SIGNS, VETOES, OR IGNORES to use an interactive version of “How a Bill Becomes a Law.”
ANALYSIS go.hrw.com SKILL ANALYZING VISUALS Online Resources Why do you think a conference committee is KEYWORD: SZ7 CH5 needed to merge the House and Senate bills? ACTIVITY: How a Bill Becomes a Law
THE LEGISLATIVE BRANCH 151
Differentiating Instruction Above Level Advanced Learners/GATE Research Required Research a Bill why the president acted on it the way he did. 1. Organize students into small groups. Assign Ask students to use a combination of pictures each group one of the actions a president can and their own drawings to complete their take on a bill: veto it, sign it, or not sign it. projects. 2. Have students obtain information on a 4. Have groups present their posters to the class. bill that the president has acted on in their Then display the posters in the classroom. assigned way. Alternative Assessment Handbook: Rubric 28: Posters 3. Have each group create a poster that features information about the bill, including reasons Answers Analyzing Visuals to make sure both houses approve the same law 151 The President Acts on the Bill Congress has the power to pass a bill over a presidential veto by a two-thirds vote Once both houses have agreed upon and of both houses. However, it is usually diffi - passed a fi nal version of a bill, it is sent to the cult to obtain the necessary votes to override president for approval. The president then a presidential veto. If Congress thinks that may take one of three possible actions on a Reading Focus there is strong public support for a bill, it bill from Congress. may vote to override the president’s veto. 1. The president may sign the bill and In what ways can the president act on Often the president is the nation’s chief declare it to be a law. a bill? legislator, even though he or she is not a 2. The president may refuse to sign the member of the legislative branch. A president The President Acts on bill. Instead, the bill is sent back to generally has programs that he or she wants the Bill Congress with a message giving the to pass, so the president can greatly infl uence president’s reasons for rejecting it. This the legislature’s agenda. The president may veto Describe What happens to a bill the action is called a . offer legislation, and then request, suggest, or 3. president does not sign when Congress The president may choose to keep the even demand that Congress pass it. bill for 10 days without signing or veto- is not in session? It does not become The long and involved process of mak- ing it. If Congress is in session during ing laws may seem slow. Yet it does provide a law. this 10-day period, the bill becomes a means of making necessary laws while at the Draw Conclusions Why might law without the president’s signature. same time preventing hasty legislation. The the president choose not to sign a bill However, if Congress is not in session process ensures that bills signed into law are when Congress is in session? Possible and the president does not sign the important and useful. answer: The president might want to bill within 10 days, it does not become READING CHECK Drawing Conclusions Why is send a message that the bill does not a law. Instead, the bill has been killed by a pocket veto . Presidents do not it important for the president to have final approval have his full support, even though he use the pocket veto often. over congressional legislation? will allow it to become law. go.hrw.com Online Quiz KEYWORD: SZ7 HP5 SECTION 4 ASSESSMENT
Reviewing Ideas and Terms Critical Thinking Close 1. a. Defi ne Write a brief defi nition for each of the 4. Sequencing Using your notes and a graphic Have students explain the process by following terms: bill , appropriation bill , and act . organizer like this one, identify the steps in the b. Summarize What are four sources of ideas process of passing a bill into law. which a bill becomes a law. for bills? 2. a. Defi ne Write a brief defi nition for each of the Review following terms: fi libuster and cloture . Online Quiz: Section 4 b. Draw Inferences and Conclusions Why is it necessary for a bill to be considered by Focus on Writing Quiz Game a committee? 5. Sequencing Imagine that you are a senator who Vocabulary Activities: Chapter 5 c. Defend a Point of View Do you think the has been invited to visit a school classroom. Write a process of making laws is too long and involved? presentation on how citizens can become involved Assess Explain your answer. in the process of recommending new laws. 3. a. Defi ne Write a brief defi nition for the terms veto SE Section 4 Assessment and pocket veto . Daily Quizzes: Section 4 b. Summarize Explain the actions that the Reteach president can take on a bill. Main Idea Activities for Differentiated Instruction: Section 4 152 CHAPTER 5
Section 4 Assessment Answers
1. a. bill, p. 148; appropriation bill, p. 148; act, 3. a. veto, p. 152; pocket veto, p. 152 b. The p. 148 b. Possible answers: citizens, orga- president can sign it into law, veto it, or not nized groups, members of Congress, the sign it. president 4. Students should use the graphic organizer to 2. a. filibuster, p. 150; cloture, p. 150 b. Possible identify the steps in the process of passing a answer: Committees make sure bills are bill into law. needed and effective, as well as revise them. 5. Presentations will vary but should explain Answers c. Students’ answers will vary but should how a bill becomes a law and how citizens show understanding of the process. Reading Check Possible answer: so can participate in the process. the president can check the power of Congress in case it passes a bill that would not benefit the nation 152