CHAPTER 5, the Legislative Branch
THE FEDERAL GOVERNMENT
CHAPTER 5 The Legislative Branch
CHAPTER 6 The Executive Branch
CHAPTER 7 The Judicial Branch
The figure of Uncle Sam is often used in posters to represent the U.S. federal government.
131 FLORIDA . . . The Story Continues
CHAPTER 5, The Legislative Branch
PEOPLE 1845: David Levy Yulee. Florida senator David Levy Yulee was the fi rst Jewish member of the U.S. Senate. Elected in 1845, he promoted the improvement of the postal service. A proponent of slavery, he also fought for the inclusion of more slave states and territories in the Union. After his bid for re-election in 1850 failed, he returned to Florida. He pur- sued the construction of a state-wide railroad system. Th is is generally considered his greatest accomplishment. Th anks to Yulee, Florida’s railroads received generous land grants, smoothing their progress.
EVENTS 2010: Florida gains representation in Congress. Apportionment is the process of dividing the 435 seats in the U.S. House of Representatives among the 50 states. It is based on population counts from the U.S. census. Based on the results of the 2010 census, Florida will receive two additional seats in Congress. Th e state will also gain two additional elec- toral votes in the 2012 and 2016 presidential elections.
PEOPLE 2004: Debbie Wasserman Schultz. Since 2004, Debbie Wasserman Schultz has represented the people of Florida’s 20th Congressional District. She is likeable yet unafraid to speak her mind. Wasserman Schultz has quickly become a star in the Democratic Party. She holds several top leadership positions in Congress. She actively supports gun control, gay rights, and health care reform legislation. Her strong fundraising ability has benefi tted many Democratic candidates across the nation.
(Oranges, shuttle, sign) © Photodisc/Getty Images; (monastery) HMH; (palm tree) Mark Lewis/Photographer’s Choice RF/Getty Images; (flag) Stockbyte/Getty Images; (Hemingway, missile) State Library and Archives of Florida; (Seminole) Library of Congress; (blossom) Randolph Femmer/ 131 FL1 NBII; (coin) U.S. Mint. L. F. Sikes. He was the longtime EVENTS 2011: Fight over gerrymandering. e practice of redrawing chairman of the House Appropriations electoral districts to gain an electoral Subcommittee on Military Construction. advantage for a political party is called Sikes was reprimanded for failing to gerrymandering. Amendment 6 of the disclose stock holdings in a defense Florida Constitution, approved by voters contractor and a bank on a naval base in 2010, sought to prevent such activity. and for con ict of interest. But two Florida lawmakers—Democrat Corrine Brown and Republican Mario Marco Rubio is elected to the U.S. Diaz-Balart— led suit to torpedo the PEOPLE Republican Marco amendment. ey claimed that it vio- Senate. Rubio rode the limited-government, lates federal election law. In 2011, conservative sentiments of the “Tea Florida Attorney General Pam Bondi Party” movement to victory in the 2010 asked a federal court to dismiss the case. U.S. Senate race against former Florida She claimed that the court does not have governor Charlie Crist. Rubio’s election jurisdiction. put the state in the national spotlight as an important gauge of Tea Party In its strength. PEOPLE 1976: Robert Sikes. history, the U.S. House of Rep- resentatives has expelled ve members. It has censured twenty-two and repri- manded another nine. e House ethics committee suggested a reprimand—the least serious of the three options—in the 1976 case of Florida Democrat Robert
Unpacking the Florida Standards <…
Read the following to learn what this standard says and what it means. See FL8-FL20 to unpack all the other standards related to this chapter.
Benchmark LA.7.1.6.1 The student will use new vocabulary that is introduced and taught directly. What does it mean? Identify new vocabulary terms and definitions to learn content and answer review ques- tions. Go to the Section Assessment and Chapter Review pages that appear in each chapter for help. See Chapter 1 Florida. . .The Story Photo credits: Continues
131 FL2
MS_SFLESE600208_FTSC_Ch 1-17.indd 10 10/13/11 7:04:46 PM THE LEGISLATIVE BRANCH
Essential Question What are the structures, functions, and processes of the legislative branch?
Florida Next Generation Sunshine State Standards SS.7.C.2.9 Evaluate candidates for political office by analyzing their qualifications, experience, issue-based platforms, debates, and political ads. SS.7.C.2.11 Analyze media and political communications (bias, symbolism, propaganda). SS.7.C.2.12 Develop a plan to resolve a state or local problem by researching public policy alternatives, identifying appropriate government agencies to address the issue, and determining a course of action. SS.7.C.2.14 Conduct a service project to further the public good. SS.7.C.3.8 Analyze the structure, functions, and processes of the legislative, executive, and judicial branches. SS.7.C.3.9 Illustrate the law making process at the local, state, and federal levels. LA.7.1.6.1 The student will use new vocabulary that is introduced and taught directly. LA.7.1.7.1 The student will use background knowledge of subject and related content areas, prereading strategies, graphic representations, and knowledge of text structure to make and confirm complex predictions of content, purpose, and organization of a reading selection. LA.7.1.7.3 The student will determine the main idea or essential message in grade-level or higher texts through inferring, paraphrasing, summarizing, and identifying relevant details.
132 CHAPTER 5 The legislative branch is the part of our government that represents the voice of the people. As an active citizen, it is up to you to make your representatives listen.
FLORIDA STUDENTS TAKE ACTION STOPPING PILL MILLS One of the purposes of government is to pass laws that protect people and their communities. In Florida, students decided to try to pass a law to restrict Pill Mills that were making their communities less safe. What issues in your community do you think might require new laws to address?
FOCUS ON SPEAKING PERSUASIVE SPEECH You are a member of the House of Representatives. You have introduced a bill to protect students from bullying, and now that bill is coming up for debate. You must convince your fellow representatives that this bill should become a law. Prepare and give a speech persuading Congress to pass a law that addresses the problem of bullying in schools.
THE LEGISLATIVE BRANCH 133 Bgmabl\aZim^krhnpbeek^Z]Z[hnm Analyzing Cause and Effect Asking Why? and What are the effects? can help you Helpful Hints for understand how one thing leads to another. When you Analyzing Cause ask these questions as you read, you are analyzing causes and effects. and Effect Recognizing causes and effects can help you grasp the signifi cance of events and decisions. 1. Ask why an event happened to figure out the cause. Cause and Effect Chains A cause makes something happen, which is 2. Keep asking why until an effect. That effect can then cause another effect. This is known as a you trace back to the first cause and effect chain. Understanding cause and effects chains can help cause. you see the chain of events that bring about changes in government. 3. To determine an effect, ask what happened as a result of an event. For years the power of Congress to set Cause: 4. Keep asking yourself what its own salary was a controversial matter. Congress sets happened next to under- In response to this debate, the Twenty-sev- its own salary stand the entire chain. enth Amendment to the Constitution was ratifi ed in 1992. This amendment states that no increase in congressional pay raise Effect: can take effect until after the next congres- Created controversy sional election. This condition allows vot- among voters ers to respond to the proposed increase by voting for or against those members who supported a pay increase. Effect: 27th Amendment ratified Effect: Voters can vote for or against members who support a pay increase 134 CHAPTER 5 KEY TERMS LA.7.1.7.3 Chapter 5 Section 1 bicameral legislature (p. 136) You Try It! apportioned (p. 136) gerrymandering (p. 137) The following passage is from the chapter you are about to immunity (p. 138) read. As you read each paragraph, try to identify the cause and expulsion (p. 139) the effects of what is being discussed. Read it and then answer censure (p. 139) the questions below. Section 2 sessions (p. 140) caucuses (p. 141) Every 10 years, after the census is taken, From Chapter 5, president pro tempore (p. 141) Congress determines how the seats in the pp. 136–137 whip (p. 142) House are to be Veedgi^dcZY, or distributed. Speaker of the House (p.142) If a state’s population decreases, the number of its representatives may be reduced. States Section 3 whose populations grow may be entitled to implied powers (p. 144) more representatives . . . elastic clause (p. 144) Many of these congressional districts impeach (p. 144) treason (p. 145) have very oddly shaped boundaries. A prac- tice called gerrymandering is often the rea- Section 4 son. As you read Chapter 5, look for cause and effect chains. THE LEGISLATIVE BRANCH 135 SECTION 1 SS.7.C.3.8; LA.7.1.6.1; LA.7.1.7.1 The Senate and the House of Representatives BEFORE YOU READ The Main Idea Focus Questions Key Terms TAKING NOTES Congress is divided 1. What are the two houses bicameral legislature, into two houses, the of Congress? p. 136 Use the graphic organizer online to Senate and the House of 2. What are the qualifications, apportioned, p. 136 take notes on the Representatives, and its salaries, and rules of conduct gerrymandering, p. 137 members have certain for members of Congress? Senate and the House immunity, p. 138 of Representatives qualifications. expulsion, p. 139 censure, p. 139 When your town decides local issues, The House of Representatives such as funding for a road or a new According to the Constitution, the number school tax, each voter has a say. This of representatives each state can elect to the is direct democracy. On a national House is based on the state’s population. level, direct democracy would not be practical. Imagine Each state is entitled to at least one represen- a vote on every national issue. Instead, we choose men tative. Washington, D.C., Guam, American 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. nonvoting delegate in the House. Today there are 435 members in the Two Houses of Congress House. Why 435 members? In 1789, when SS.7.C.3.8 Analyze Congress is the lawmaking body of the the fi rst Congress met, the Constitution the structure, allowed for 65 representatives in the House. functions, and federal government. The Constitution processes of states that the Congress shall be composed Each state elected one representative for every the legislative, 30,000 people in the state. However, as new executive, and of two houses—the Senate and the House judicial branches. of Representatives. states joined the Union and the population Why is Congress divided into two houses? increased, membership in the House kept The framers of the U.S. Constitution wanted growing. Eventually, Congress had to limit to make sure that both small and large states the size of the House to 435 members. would be fairly represented. So they created Every 10 years, after the census is taken, a W^XVbZgVa aZ\^haVijgZ, a lawmaking body Congress determines how the seats in the of two houses. Membership in the House House are to be Veedgi^dcZY, or distributed. of Representatives is based on state popula- If a state’s population decreases, the number tion. In the Senate, each state is represented of its representatives may be reduced. States equally. The system also allows each house to whose populations grow may be entitled to check the actions of the other. more representatives. 136 CHAPTER 5 Congressional Representation Every 10 years, after a national census, Congress 8" apportions representatives /) to the House based on .5 75 /% .& population. As of 2010, 03 ./ California, with 53 *% ." 4% 8* /: representatives, has the 8: .* 3* most, while Montana and *" 1" $5 /& six other states have only /7 /+ *- 0) 65 */ %& 1 representative. $0 $" 87 ,4 7" .% .0 ,: %$ /$ "; 5/ 0, /. "3 4$ The District of California .4 "- (" Columbia has 59 a nonvoting -" Number of Representatives: 53 representative in Area of State: 163,707 square miles '- Congress. )* Population (2009): 36,961,664 )* Montana ", Number of Representatives: 1 ANALYSIS SKILL ANALYZING VISUALS Area of State: 145,556 square miles What five states have the most representatives Population (2009): 974,989 in the House of Representatives? Voters elect their representative accord- tives are elected for two-year terms. If a rep- ing to the congressional district in which resentative dies or resigns before the end of FOCUS ON they live. Each state’s legislature is respon- a term, the governor of the representative’s Politician Claude sible for dividing the state into as many home state is required to call a special elec- Pepper represented Florida in Congress congressional districts as it has members tion to fi ll the vacancy. for 40 years, as a in the House of Representatives. District senator from 1937 boundaries must be drawn so that each dis- The Senate to 1951 and as a representative from trict is almost equal in population. The Senate is much smaller than the House of 1963 to 1989. Many of these congressional districts Representatives. No matter what its popula- have very oddly shaped boundaries. A prac- tion, each state is represented by two senators. tice called gerrymandering is often the rea- As a result, today’s Senate has 100 members— son. THE LEGISLATIVE BRANCH 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 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. the number of terms should be limited. How- Qualifications of Members ever, the Supreme Court disagrees. In 1995 the To be a representative in the House of Repre- Court ruled that such term limits for federal sentatives, the Constitution requires that you: offi ces are unconstitutional. The Constitution 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 infringe upon this right, the Court ruled. States for at least seven years; and 3. be a legal resident of the state you rep- READING CHECK Analyzing Information Why resent. (Most representatives live in the does the Constitution specify different ways to district from which they are elected. determine the number of members for the House However, the Constitution does not and for the Senate? require this.) The qualifi cations for members of the Senate differ slightly from those of the House. To be a U.S. senator you must: POLITICAL CARTOONS 1. be at least 30 years old; Term Limits 2. have been a citizen of the United Term limits would restrict the number of terms a represen- States for at least nine years; and 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. represent. Salary and Benefits As of January 2006, each member of Con- gress receives a yearly salary of $165,200. Members of Congress have offi ces in the 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- limits might force them from office. tionery allowance. In addition, they have the franking privilege—the right to mail offi cial letters or packages free of charge. Members of Congress also have ^bbjc^in, or legal protection. Immunity means that when Congress is in session its members can- ANALYSIS not be arrested in or on their way to or from a SKILL ANALYZING POLITICAL CARTOONS meeting in Congress. This protection ensures 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 why not? kept from performing their duties. 138 CHAPTER 5 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. :mejah^dcof 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 elected member of Congress. For example, House requires a vote of two-thirds of the in 1996, Republican Representative Robert senators or representatives. Dornan challenged the election of Democrat Expulsion is rare. Only fi ve House Loretta Sanchez. In such a case, the member members have been expelled, the last one 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 Dornan’s challenge and eventually ruled that Jesse D. Bright in 1862. He was expelled for Sanchez was the winner. supporting the Confederacy. The Supreme Court may review Less serious offenses may bring a vote the actions of Congress in this regard. of XZchjgZ, or formal disapproval of a 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 The House and Senate have passed codes or Senate and listen as the charges against 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 income a member of Congress may earn and 9 of its members, the last one in 1990. The requires members to make a full disclosure of House has censured 22 of its members. 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? SECTION 1 ASSESSMENT ONLINE QUIZ 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? c. Make Predictions What might have hap- House Both Senate 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 Where do you the following terms: immunity, expulsion, and stand on congressional term limits? Write a posi- censure. 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 2 SS.7.C.3.8; LA.7.1.6.1; LA.7.1.7.1 How Congress Is Organized BEFORE YOU READ The Main Idea Reading Focus Key Terms TAKING NOTES Congress is organized 1. What are the terms and sessions, p. 140 Use the graphic in a way that allows its sessions of Congress? caucuses, p. 141 organizer online to members to consider and 2. How is Congress organized? president pro tempore, take notes on how pass legislation without p. 141 Congress is organized. each member having to do whip, p. 142 everything. Speaker of the House, p. 142 What if you had to remember to breathe, digest, and circulate blood? Your body is organized so that everything works together to keep you going. Similarly, if every member of Con- gress had to deal with every legislative detail, gov- ernment would grind to a halt. To avoid this, Con- gress divides the workload. Terms and Sessions Under the Twentieth Amendment, a term of Congress begins at noon on January 3 of every odd-numbered year. The fi rst term of Congress was in 1789. The Congress whose term lasts from 2011 to 2113 is the 112th Congress. The Constitution requires Con- gress to meet at least once each year. So each term of Congress is divided into two hZhh^dch, one for each year of the term. Each session begins on January 3 (unless Congress chooses another date). When Congress fi nishes its legislative work, both As vice president, Joe Biden houses adjourn and the session is ended. In is the president of the U.S. unusual circumstances, the president may Vice President Joe Biden shakes Senate. He cannot vote, call one or both houses back into a special hands with House Speaker however, unless it is to Nancy Pelosi before President break a tie. session after they have adjourned. Although Obama addresses a joint session each house usually meets by itself to conduct of Congress in 2009. business, the two houses occasionally meet together in what is called a joint session. 140 CHAPTER 5 Organizational Structure of the 111th Congress The president pro U.S. Senate U.S. House of Representatives tempore and Speaker of the House are President of the Senate President Pro Tempore Speaker of the House elected by the full (United States Vice President) membership of their respective houses. Floor Leaders Floor Leaders 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 Party Leadership the party whip). Party Leadership Chairman of the Chairman of the Chairman of the Chairman of the Democratic Conference Republican Conference Democratic Caucus Republican Conference Committees 4 Joint Committees Committees 16 Standing Committees Special, Select, 20 Standing Committees and Other Committees Joint committees have Subcommittees members from both the Subcommittees 68 Subcommittees House and Senate. They 100 Subcommittees generally handle house- ANALYSIS keeping matters and usual- SKILL ANALYZING VISUALS ly do 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 ways are they different? For example, when the president delivers the in each house gather separately in private SS.7.C.3.8 Analyze the structure, State of the Union address each year, all the meetings. These private meetings are called functions, and members of the House and the Senate meet party XVjXjhZh. At these caucuses, the processes of the legislative, in the House chamber to hear the speech. Republican members of each house choose executive, and their own leaders. The Democratic members judicial branches. READING CHECK Contrasting What is the dif- do the same. The political party that has the ference between a regular session and a special most members in each house is known as session of Congress? the majority party. The political party that has fewer members is called the minority Organization of Congress party. The Constitution has only three rules about how Congress should be organized. First, Organization of the Senate it directs the House of Representatives to The vice president of the United States does select a presiding offi cer. Second, it names not usually preside over the daily meet- 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 egZh^YZciegdiZbedgZ. 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 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- ing minority member. The ranking minority (1952- ) member is the highest ranking (and usually ;hkgbgAZoZgZ% SECTION 2 ASSESSMENT ONLINE QUIZ 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? L^gZm^ Ahnl^ 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 political party? 142 CHAPTER 5 SECTION 3 SS.7.C.2.11, SS.7.C.3.8; LA.7.1.6.1; LA.7.1.7.1 The Powers of Congress BEFORE YOU READ The Main Idea Reading Focus Key Terms TAKING NOTES The Constitution both 1. What types of powers are implied powers, p. 144 Use the graphic defines and limits the granted to Congress? elastic clause, p. 144 organizer online to powers of Congress. 2. What are some of the limits impeach, p. 144 on the powers of Congress? take notes on the treason, p. 145 powers and limits of Congress. Who decides how to spend the money in your house? In many families, it is a team discussion. Some bills must be paid now. Some can be paid later. It’s that way in government. Con- gress collects money through taxes, decides how to spend it, and pays the bills. And these are only some of its powers. Congressional Powers Some of the powers of Congress have been expressly granted, or delegated, by the Con- stitution. Other powers are implied by the language of the Constitution. The Constitu- tion also gives Congress impeachment power and specifi c special powers. Delegated Powers Article I, Section 8, of the Constitution lists the powers delegated to Congress. These powers can be grouped into fi ve general categories. Financing Government The Constitu- tion grants Congress the power to fi nance the federal government. In order to pay for government programs and defense, Con- 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 MS_SFLESE600208_U2C05.indd 143 10/14/11 7:04:40 AM Powers Granted in Powers of Congress Article I, Section 8: Article I, Section 8 of the U.S. Constitution lists all the powers of s #OLLECT TAXES Congress. The last power listed is “to make all laws which shall be s "ORROW MONEY necessary and proper” to execute all the other powers. This phrase s #OIN MONEY is known as the elastic clause. It gives the government the ability to s 0UNISH COUNTERFEITERS expand to meet needs that the Founding Fathers could not have fore- s 2EGULATE TRADE seen. An example is the the creation of a national system of highways. s 'RANT COPYRIGHTS AND PATENTS s -AKE IMMIGRATION LAW s &ORM THE FEDERAL COURT SYSTEM s 0UNISH PIRACY s $ECLARE WAR s &UND AND REGULATE ARMED FORCES s &ORM AND ARM MILITIAS s %STABLISH A POSTAL SERVICE s #REATE 7ASHINGTON $# ANALYSIS SKILL ANALYZING VISUALS $O YOU THINK THAT THE CREATION OF A NATIONAL system of highways was a “necessary and proper” act of Congress? LA.7.1.6.1 The Regulating and Encouraging American [carrying out] the foregoing powers.” This student will use new vocabulary Trade and Industry Congress helps means Congress has been given the power to that is introduced businesses by regulating trade with do any action relating to its delegated powers and taught directly. foreign countries and among the states. that it considers “necessary and proper.” The It passes laws that protect the rights of powers that Congress has exercised under inventors. this clause are called ^bea^ZYedlZgh. Defending the Country Congress has For example, Congress established the power to declare war and to main- national military academies to train offi cers 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 Congress to stretch delegated powers to cov- laws to regulate immigration and natural- er many other areas. Because of its fl exibility, ization. Congress is also given the power the necessary and proper clause is also called to govern the country’s territories and to the ZaVhi^XXaVjhZ. provide for the admission of new states. Impeachment Power Implied Powers Congress has the power to impeach fed- The Constitution states that Congress has the eral offi cials charged with serious crimes power “to make all laws which shall be nec- and bring them to trial. To ^beZVX] is essary and proper for carrying into execution to accuse an offi ceholder of misconduct. 144 CHAPTER 5 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. IgZVhdc 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- must be drawn up in the House of Represen- ment led President Richard M. Nixon to tatives. If a majority of representatives vote resign from offi ce. in favor of the list of charges, the offi cial is impeached, or formally accused. The individ- Special Powers ual will then be put on trial. The procedure The Constitution gives each house of Con- of drawing up and passing the list of charges gress certain special powers. For example, the in the House is called impeachment. House of Representatives must start all bills The trial on the impeachment charges is for raising revenue. The House also has the held in the Senate. During the impeachment sole power to impeach public offi cials. The trial, the Senate becomes a court. The vice House chooses the president if no presiden- president usually acts as the judge. However, tial candidate receives enough electoral votes if the president is impeached, the chief jus- to be elected. tice of the Supreme Court presides over the The Senate has four special powers. trial instead. Two-thirds of the Senate must 1. All impeachment trials must be held in fi nd the offi cial guilty before he or she can be the Senate. dismissed from offi ce. Two presidents, Andrew Johnson and 2. If no vice presidential candidate receives 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 Ma^*1/1bfi^Z\af^gmmkbZeh_Ik^lb]^gm:g]k^pChaglhgpZlo^kr in[eb\Zg]o^krihebmb\Ze'ChaglhgÍlbfi^Z\af^gmlm^ff^]_khfabl obheZmbhgh_ma^M^gnk^h_H__b\^:\mÉZg]ablng_kb^g]erk^eZmbhglabipbma THE LEGISLATIVE BRANCH 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. s 0ASSING EX POST FACTO LAWSLAWS THAT 4. Certain high offi cials, such as Supreme apply to actions that occurred before the Court justices, appointed by the presi- laws were passed; dent must be approved in the Senate by s 0ASSING BILLS OF ATTAINDERLAWS THAT SEN a majority vote. tence people to prison without trial; s 3USPENDING THE WRIT OF HABEAS CORPUS The House is often the more active legislative removing the right to a court order, called body. The Senate is said to be the more delib- a writ, requiring that a person be brought erative and cautious body. to court to determine if there is enough READING CHECK Supporting a Point of View evidence to hold the person for trial; Which powers of Congress do you think are the s 4AXING EXPORTS most important? Explain your answer. s 0ASSING LAWS THAT VIOLATE THE "ILL OF 2IGHTS s &AVORING TRADE OF A STATE Limits on Powers s 'RANTING TITLES OF NOBILITY AND s 7ITHDRAWING MONEY WITHOUT A LAW The Constitution places limits on the powers granted to Congress. For example, the Tenth For further explanation of these restrictions, Amendment reserves some powers for the state see the U.S. Constitution, pages 53–81. governments. These reserved powers include READING CHECK Analyzing Information Why the states’ authority to regulate and conduct do you think the Constitution limits the powers of elections, create and administer schools, and Congress? SECTION 3 ASSESSMENT ONLINE QUIZ Reviewing Ideas and Terms Critical Thinking 1. a. Defi ne Write a brief defi nition for each of the 3. Categorizing Using your notes and a chart like following terms: implied powers, elastic clause, the one here, categorize the powers granted to the impeach, and treason. U.S. Congress. b. Compare and Contrast How are the special powers granted to the Senate different Special Powers Limits on Powers than the special powers granted to the House of Representatives? c. Elaborate Why do you think the Senate must approve of certain high offi cials appointed by the president? 2. a. Recall What types of powers are reserved to the FOCUS ON WRITING states under the Tenth Amendment? 4. Evaluating b. Analyze Information Why do you think Imagine that you are a Congress Congress is prohibited from taxing exports? member who supports building a new military academy. Write a speech that explains why Congress c. Elaborate Why do you think Congress is has the power to set up this academy. Be sure to specifi cally forbidden from some actions? address the fact that the Constitution does not specify that Congress can do this. 146 CHAPTER 5 MEDIA LITERACY CRITICAL PARTICIPATION THINKING SS.7.C.2.9 Evaluate candidates for political office by analyzing their qualifications, experience, Analyzing Advertisements issue–based platforms, debates, and political ads. quotes from people familiar with the product or Learn idea. Determine what information can be proven. Advertisements are all around us—billboards on 3 Identify techniques. Advertisements use buses, bumper stickers on cars, and commercials on different methods to persuade us. Some advertise- television or the radio. All of these advertisements ments appeal to our emotions or try to convince us have a common goal: to convince you to buy or that everyone supports the product or idea. support something. Manufacturers use advertise- ments to persuade you to buy their goods. Candi- 4 Draw conclusions. Carefully study the adver- dates running for office use ads to ask for your vote. tisement and the facts presented. Then, ask your- To make a decision about whether to purchase a self whether you support the point of view of the product or support a candidate, it is important to advertisement. analyze advertisements carefully. Apply Practice Analyze the political advertisement below carefully. 1 Determine the message. The purpose of an Use the example of an advertisement to answer the 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? When you view an advertisement, always identify What techniques does the advertisement use to what is being sold. sway your opinion? 2 Examine the information. Advertisers often 2. What facts does this advertisement present? 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 SECTION 4 SS.7.C.2.12, SS.7.C.2.14, SS.7.C.3.8; SS.7.C.3.9; LA.7.1.6.1; LA.7.1.7.1 How a Bill Becomes a Law BEFORE YOU READ The Main Idea Reading Focus Key Terms TAKING NOTES To become a law, a bill 1. How does a bill begin? bill, p. 148 Use the graphic goes through a multistage 2. How do the House and the appropriation bill, p. 148 organizer online to process involving both Senate consider a bill? act, p. 148 houses of Congress. 3. In what ways can the take notes on how a filibuster, p. 150 bill becomes a law. president act on the bill? cloture, p. 150 veto, p. 152 pocket veto, p. 152 If you asked your classmates what Sources of Legislation single change would improve your Where do the ideas for these bills begin, or school, you might get 20 different originate? Ideas come from several sources, 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- Some ideas would be better than others. Which gress, and the president. idea would you try to put into effect? This is the When a large number of constituents, job of Congress—its members have many ideas for or citizens of a Congress member’s district, 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, he or she then introduces a bill that refl ects How a Bill Begins the constituents’ ideas. Sometimes members of Congress intro- SS.7.C.3.9 Illustrate A bill is a proposed law. Getting a bill passed the law making is a long and diffi cult process. This careful duce bills because certain groups ask them process at the local, to do so. For example, businesspeople may state, and federal process helps ensure that the country’s laws levels. will be sound ones. want to limit competition from industries in other countries. Labor groups may call for Congress Considers Legislation laws establishing improved working condi- Each year the Senate and the House of Repre- tions or higher hourly wages. sentatives consider thousands of bills. A bill Bills can originate from members of Con- can be introduced in either house. The only gress themselves. Congress members often exception to this rule is an appropriation become experts in certain fi elds. A repre- bill, or bill approving the spending of money, sentative who has experience with farming which must begin in the House of Represen- issues, for example, may introduce a bill to tatives. Both the House and Senate must pass fund an agriculture program. the bill. Once passed, the bill can be signed by Perhaps the most infl uential person to the president and become a law. A law is also introduce a bill is the president. Early in each known as an act. session, the president appears before a joint 148 CHAPTER 5 MS_SFLESE600208_U2C05.indd 148 10/14/11 7:05:13 AM Constitution and Citizenship Day In 2004 Congress passed a law. It established September 17, the date the Constitution was signed in 1787, as Constitution and Citizenship Day. The law requires all schools that receive federal funds to hold an educational program of their choice about the Constitution on that date. MableZp]b]ghmiZllmakhn`ama^nlnZeikh\^ll h_bgmkh]n\mbhg%k^Z]bg`l%\hffbmm^^k^ob^p% Zg]_ehhk]^[Zm^'Bglm^Z]%L^gZmhkKh[^km;rk]h_P^lmObk`bgbZZ]]^] bmZlZkb]^kmhZ+))._^]^kZeZiikhikbZmbhgl[bee':kb]^kblZgZf^g]& f^gmmhZ_ng]bg`[bee'Bmblnl^]mhiZlle^`bleZmbhgngk^eZm^]mhma^ fZbg[bee'Hiihlbg`Zg]]^_^Zmbg`Zkb]^k\Zgihm^gmbZeerc^hiZk]bs^ ma^iZllZ`^h_ma^hkb`bgZe[bee' Fhlm:f^kb\ZglZ`k^^maZme^Zkgbg`Z[hnmma^ iZkmb\neZkmhib\'Lniihkm^klh_ma^kb]^kihbgmhnmmaZm ANALYSIS Zgrl\ahhelmaZm]hghmpZgmmhaZo^ The House and the Senate The Bill Is Sent to Committee Consider the Bill The bill is then sent to a standing committee. Any member of either house can intro- A standing committee is a permanent con- duce a bill. When a bill is introduced, it is gressional committee that meets regularly. THE LEGISLATIVE BRANCH 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 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 set aside, the committee holds hearings on the bill passes the House, it is then sent to the bill. At the hearings the committee calls wit- Senate for consideration. nesses to testify for and against the bill. These The Senate Acts on the Bill witnesses give committee members the infor- mation they need to recommend that the Whether a bill is introduced in the Senate or bill be accepted, rejected, or changed. After is a bill that has been passed by the House, it the hearings, the committee may pass the bill goes through the same steps as a bill in the without changes, make changes and pass the House. The bill is read and is sent to a com- bill, or vote to kill the bill. mittee. After committee hearings and any revisions, the bill is sent back to the Senate The House Acts on the Bill for a vote. 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 tee. The bill is sent back to the House of Rep- their debate of a bill. In the Senate, speeches resentatives and placed on the House calen- may last a long time. To prevent the Senate dar. The calendar is the schedule that lists the from taking a vote on a bill, some senators order in which bills have been reported out may threaten to talk for many hours, thereby of committee. However, bills do not usually “talking the bill to death.” This method of come to the fl oor in the same order in which delay is called a Ãa^WjhiZg. Debate in the Sen- ACADEMIC they appear on the schedule. The Speaker of ate, including fi libusters, can be limited only VOCABULARY the House determines when or if a bill will if at least three-fi fths of the full Senate vote 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 by which a task Before the House begins debate on the is completed bill, the House Rules Committee decides how is called XadijgZ. After senators fi nish their much time will be given to debate the bill. debate on the bill, a vote is taken. The time to be spent in debate, or discussion, The Final Bill Is Sent to the President is divided evenly between supporters and When a bill passes the House and Senate in opponents of the bill. House members may identical form, it is ready to be sent to the offer amendments to the bill, but the amend- president. However, the two houses often ments must be relevant to the bill. pass different versions of the same bill. To For the debate on some legislation, the reconcile any differences, the bill is sent to House acts as a Committee of the Whole. This a conference committee. A conference com- means that all the members act as one large mittee is made up of an equal number of committee. Amendments may be offered, senators and representatives who work to but not always. Debate on each amendment reach a compromise on the bill. The com- is limited, and then a vote is taken on the promise bill is sent back to both houses, amendment. When all discussion is fi nished which usually approve the work of the con- and all amendments considered, the bill as a ference committee. 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 How a Bill INTERACTIVE ART 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 same time, or it may pass one house and then move to the other. 1 1 A constituent or another individual approaches a Congress member with TE an idea for a bill. TO IINTRODUCED 2 INTO SENA TEE After passing both houses, the two ASSIGNED TTEE versions are merged into one bill for the COMMIT TIONS president to sign or veto. With a two-thirds SUBCOMMIMAKES majority, Congress can override even a D , TEE presidential veto. E RECOMMENDA MMIT INTRODUCE HOUS CO AMENDSTES TES, INTO DEBA ES, TO THEN VO AT TE DEB THEN ASSIGNED SENA COMMITTEE TEE AMENDS,VOTES TIONS MAKES SUBCOMMIT D OMMENDA TEE TO REC TES AMENDS, TES, TEE A COMMIT INTRODUCE , THEN INTO SENATE TEE THEN VO ASSIGNED DEBATES, COMMIT TIONS VOTES MAKES HOUSE DEBAMENDS SUBCOMMIT E TE RECOMMENDA AMENDS, COMMIT TES TES, DEBATHEN VO , ATES SENATE DEB, THEN TO AMENDS INTRODUCED VOTES INTO HOUSE TEE 3 If the president takes no action on a bill TEE TIONS ASSIGNED 2 COMMIT TES, for 10 days, the bill automatically becomes TEE TES A MAKES THEN a law. But, if Congress adjourns its session AMENDS, CONFERENCE SUBCOMMIT COMMITTEE during that 10 days, the bill is automatically VOTES COMMIT RECOMMENDA THEN VO MERGES THE vetoed, a process known as a pocket veto. AMENDS, HOUSE DEB DEBATES, TWO BILLS 3 HOUSE AND SENA ON MERGEDTE VO TE BILL IF VETOED CONGRESS MAY OVERTURN WITHA TWO-THIRDS VOTE PRESIDENT SIGNS, VETOES, OR IGNORES ANALYSIS SKILL ANALYZING VISUALS Why do you think a conference committee is needed to merge the House and Senate bills? THE LEGISLATIVE BRANCH 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 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 Often the president is the nation’s chief declare it to be a law. legislator, even though he or she is not a 2. The president may refuse to sign the member of the legislative branch. A president bill. Instead, the bill is sent back to generally has programs that he or she wants 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 action is called a kZid. offer legislation, and then request, suggest, or 3. The president may choose to keep the even demand that Congress pass it. bill for 10 days without signing or veto- 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 this 10-day period, the bill becomes a means of making necessary laws while at the law without the president’s signature. same time preventing hasty legislation. The However, if Congress is not in session process ensures that bills signed into law are and the president does not sign the important and useful. bill within 10 days, it does not become a law. Instead, the bill has been killed READING CHECK Drawing Conclusions Why is by a edX`ZikZid. Presidents do not it important for the president to have final approval use the pocket veto often. over congressional legislation? SECTION 4 ASSESSMENT ONLINE QUIZ Reviewing Ideas and Terms Critical Thinking 1. a. Defi ne Write a brief defi nition for each of the 4. Sequencing Using your notes and a graphic 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. for bills? 2. a. Defi ne Write a brief defi nition for each of the following terms: fi libuster and cloture. b. Draw Inferences and Conclusions Why is it necessary for a bill to be considered by FOCUS ON WRITING a committee? c. Defend a Point of View Do you think the 5. Sequencing Imagine that you are a senator who process of making laws is too long and involved? has been invited to visit a school classroom. Write a Explain your answer. presentation on how citizens can become involved 3. a. Defi ne Write a brief defi nition for the terms veto in the process of recommending new laws. and pocket veto. b. Summarize Explain the actions that the president can take on a bill. 152 CHAPTER 5 Stopping Pill Mills tudents at Hialeah Gardens Middle School in Hialeah, Florida, heard about the growing problem of so-called pill mills. So they decided to do something about it. They gathered information on the issue, testifi ed before the Florida House of Representatives Health Care Regulation Policy Committee, and helped pass new legislation to restrict pill mills in Florida. Community Connection According to media reports and police, pain clinics in Florida known as pill mills distribute mil- lions of narcotic pills to people each month. They cater to drug dealers and addicts across the Southeast. State offi cials say that nine people a day die in Florida from Hialeah Gardens Middle prescription drug overdoses. This is more than from illegal drugs. Stronger School students took action to get the Florida legislation was needed to curb this growing problem. legislature to pass laws preventing pill mills. Taking Action The students contacted different legislators to sponsor their bill. In the Florida House, representatives Joseph Abruzzo and Esteban Bovo agreed to help. In the Senate, Senator Dave Aronberg joined the cause. The students met with these public offi cials. They met with the Florida Health SS.7.C.2.12 Develop a plan to resolve a state or local problem Department, the FBI, the Broward County Sheriff’s offi ce, the Offi ce of Drug by researching public policy Control, and Florida lieutenant governor Jeff Kottkamp. After traveling to alternatives, identifying appropriate government agencies to address Tallahassee to testify, the students followed the bill on the Florida legislature’s the issue, and determining a course online site. Students could watch the legislative session, see amendments fi led, of action. and see the offi cial votes. “The kids were going crazy,” said Jackie Viana, their teacher. “We watched it [online]. It was so much work to SERVICE LEARNING get this passed.” On the last day of the session 1. What course of action did the Hialeah students take to the House and Senate passed the pill mill combat pill mills? legislation. Governor Charlie Crist signed it 2. Identify an issue challenging your state or local community into law. Soon after that the students got an and develop a course of action to resolve the issue. Be e-mail from a reporter. It simply said, “You did sure to research any relevant public policy alternatives and identify the appropriate government agencies to it!” The students were also recognized by the address your issue. Florida Drug Enforcement Administration and ACTIVITY their local police. THE LEGISLATIVE BRANCH 153 MS_SFLESE600208_U2C05.indd 153 10/14/11 7:06:51 AM CHAPTER 5 REVIEW FLORIDA CIVICS EOC PRACTICE 1. The diagram below illustrates the House of B. The House is evenly divided between Representatives. Republicans, Democrats, and House of Representatives Chamber Undecideds. Republicans Democrats C. The Republicans have a simple 242 193 majority. D. The Democrats have a two-thirds majority. 2. What term refers to re-drawing congressional district boundaries to favor a particular political party? Which of the following best summarizes A. gerrymandering the diagram? B. censure A. Most representatives do not belong to a C. impeaching political party. D. apportionment Reviewing Key Terms 18. act For each term below, write a sentence explaining its sig- 19. fi libuster nifi cance to the legislative branch of the U.S. government. 20. cloture 1. bicameral legislature 21. veto 2. apportioned 22. pocket veto 3. gerrymandering 4. immunity Comprehension and 5. expulsion Critical Thinking 6. censure SECTION 1 (Pages 136–139) 7. sessions 23. a. Summarize What is the difference between 8. caucuses the way a state is represented in the House of 9. president pro tempore Representatives and the way it is represented in the Senate? 10. whip b. Supporting a Point of View Which part 11. Speaker of the House of Congress, the House or the Senate, do you 12. implied powers think is more important? Explain your answer. 13. elastic clause SECTION 2 (Pages 140–142) 14. impeach 24. a. Recall What are the jobs of the fl oor leader 15. treason and the whip in the legislative process? 16. bill b. Elaborate Why is most of the work of 17. appropriation bill Congress done through committees? 154 CHAPTER 5 Active Citizenship video program Review the video to answer the closing question: How can students in particular influence certain parts of the legislative process? SECTION 3 (Pages 143–146) Reading Skills 25. a. Describe What is the difference between Analyzing Causes and Effects Use the Reading Congress’s delegated and implied powers, and Skills taught in this chapter to answer the question about what does this have to do with the elastic the reading selection below. clause? b. Explain What special powers does each The framers of the Constitution wanted to make house of Congress have, and why do you think sure that both small and large states would be each house has separate powers? fairly represented. So they created a bicameral SECTION 4 (Pages 148–152) legislature, a lawmaking body of two houses. 26. a. Recall How do bills become laws, and Membership in the House of Representatives is what can the president do with a bill passed based on state population. In the Senate, each by Congress? state is represented equally. b. Compare and Contrast What are the advantages and disadvantages of having 29. According to the passage above, what is a cause Congress follow a lengthy and complex of the structure of the legislative branch of the lawmaking process? U.S. government? a. the House of Representatives Civics Skills b. the Senate c. small states and large states Analyzing an Advertisement Review the adver- d. the desire for fair representation tisement below. Then answer the question that follows. Using the Internet 30. Understanding Congress Congress makes decisions that affect not only national and world affairs, but also your life, your school, and your community. Who is making these decisions? Through your online textbook, com- pare and contrast the roles, requirements, and powers of both houses of Congress. Then create 27. What is the purpose of this ad? a diagram to present your information. a. To convince voters to support increased funding for schools b. To encourage voters to elect Maria Sandoval to Congress FOCUS ON SPEAKING c. To convince voters to support Maria Sando- 31. Writing a Persuasive Speech First, decide val for governor whether you will deliver your speech about d. To convince voters not to elect Maria your legislation that protects students from Sandoval bullying at a committee hearing or on the 28. What does the phrase “The right choice for floor of the House. Then write a three para- working Americans” mean? Give reasons for graph persuasive speech to your colleagues. your answer. Remember that you want the press and the public to know what you are proposing, too. THE LEGISLATIVE BRANCH 155