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Poli 1223 -- Congress: the first and most important branch
Transcript of Poli 1223 -- Congress: the first and most important branch
House of Representatives
At least 30 years old.
When elected, one shall not
be an inhabitant of that state
which to be elected.
At least 25 years old.
9 years citizenship.
7 years citizenship
Have to live in the state your elected to.
House Reps are based on the population concluded by the census.
For both House and Senate Elections
Each state of the legislature
can be prescribed in holding the elections, but the Congress may, at any time, by law make an alter such regulations except as to the place of choosing Senators.
2 senators to each state, each
senator has 1 vote.
Duties of Congress
The Congress shall meet at least
once every year, the first Monday in
December unless they should apoint by law
a different day.
Each House of the precedings punished there members for bad behavior and with the concerance of 2/3 votes expell a member.
Each House shall keep a journal of its proceedings and from time to time publish this except when it requires secrecy and the yeas and the nays of the members of either house on any question shall at the desire of 1/5 of those present be entered on the journal.
No member of Congress shall during the time in
which elected be apoint to any other civil office
What Congress can do.
Coin and regulate value standards of weights and measures.
Patents and copyrights.
Crimes on the high seas
and international law
Captures on land and water
Raise and support armies.
Ride and Maintain Navy
Regulations on land and naval forces.
Veto power and overriding
The Senate should have the sole power to try all
impeachments and should be on oath.
To provide for organizing arming and
disciplining the militia and for governing them as may be employed in the service of the United States reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by the Congress.
Voting in Congress
If any order, resolution, or vote is disapproved by the President shall be repassed by 2/3 of the Congress vote
To make all laws which shall be nessesary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the government of the United States or in any department or officer thereof
The privilege of the writ of Habeas Corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.
Ex Post Facto
No bill or attainder or Ex Post Facto law shall be passed.
No tax shall be laid unless in proportion to the
census or a enumeration herein before directed to be taken.
Cannot give preference to any port.
No title of nobility can be granted by the United States this prohibits acceptance of any gratuities from foregin governments.
The Congress shall recieve compensation for their services to be asserted by law and paid out of the Tresasury of the United States.
Both Senate and House
Shall in all cases except treason felony and breach of peace
Term of Senate
Elections every 6 years.
Terms of House
Elections every 2 years
Senate will choose their officers
Neither House during the session of Congress shall without the consent of the other adjourn for more than three days nor to any other place than that in which the two houses shall be sitting
The Vice President of the United States shall be President of the senate but shall have no vote unless they are equally divided.
The migration or importation of such persons as any of the states now existing shall think proper to admit shall not be prohibitied by the Congress prior to the year 1808 but a tax or duty may be imposed on such importation not exceeding $10 for each person.
Accounting of Public Money
No money shall be drawn from the tresasury but in consequence of appropriations made by law and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No state shall enter into any treaty alliance or confederation grant letters of marque and reprisal coin money emit bills of credit make anything but gold and silver coin a tender of payment of debts pass any bill of attainder expost facto law or law impairing the obligations of contracts or grant any title of nobility
Consent to Congress
No state shall, without the consent of the congress, lay any Imposts or Dties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net Produce of all duties and imposts, laid by any State on Imports of Exports, shall be for the Use of the Treasury of the United States; and all suchs Laws shall be subject to the revision of Controul of the Congress
No state shall, without the consent of Congress, lay any duty of Tonnage, keep Troops, or ships of war in time of peace, enter into nay agreement or compact with another state, or with a foreign power, or engage in war unless actually invaded or in such imminent danger as will not admit of delay.
100,000 people have served in Congress.
March 4, 1884 First Congress reviewed.
23 Congress men became President
Bill of Rights- First Ten Amendments
(Freedom of Religion, Speech, Press
Assembly and Petition)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Summary: The Constitution says you have the right to religion or worship, as you please, without government interferance, and gives you the right to speek as you wish yet does not give you the right to encourage distruction of life, property, or government. Also gives you the right to pring and voice your own opinion and lastly gives you the right to a petition the government.
(The Right to keep and bear arms)
A well regulated Militia, being necessary to the security of a free State, the right of the people to eep and bear arms, shall not be infringed.
The constiution says that if your in the Military or lives in a free state you are allowed to keep and bear arms.
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The constiution states no soldier during war and time of peace may be allowed to take over your home without the consent of the owner.
( Security from unwarranted search
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The constiution states the no officer can have the right to enter a home without a warrant or seize anyone or anything else other than what is put in the warrent.
(Life Liberty and Property)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or navel forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, no shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use, without just compensation.
The constiution says you cant be forced crime unless a grand jurt has handed down an indictminent against you and you cant be tried more than once for the same crime or testify against yourself and cannot be deprived to life, liberty
and property according to law.
( Criminal Cases right of Accused Person)
In all criminal proseuctions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and districted wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed by nature and cause of the accusation; to be confronted with the witnesses against him; to have complusory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defence.
The constiution says that every defended will recieve a speedy trial, the accusation against them must be presented in writing and tried in the district of the alleged crime took place and has the right to confront any member of the jury if they have a reason for then not wanting them to serve and has the right to summon witnesses for the defence and is entitled to counsel.
( Common law Trial By Jury in Civial cases)
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the U.S. than according to the rules of the common law.
The Constiution States you have the right to be tried before a jury if you are in federal court for more than the amount sentenced.
(Bail, Excessive, Fines, Punishment)
Excessive bail shall not be required, nor excessive fine imposed, nor creul and unusual punishments inflicted.
The Constiution states you cant get excessive bail when charged or excessive fines and unusual punishment.
( Other Rights of the People)
The emumeration in the consitution, or certain rights, shall not be construed to deny or disparage others retained by the people.
The constiution says that the rights in the constiution shall not be limited to the people.
( Powers Reserved to states or people)
The powers not delegated to the U.S. by the Constiution, nor prohibitied by it to the States are reserved to the States respectively or to the people.
The constiution states that the powers not given to the U.S. by the constiution are delegated to the States.
President and Vice President
Requirements to a President or Vice President
Must be born in the United States
35 years old
14 years resident
Duties of Vice President
In the case of removal, death, or resignation the Vice President would take over as President.
Oath of Office
When the president enters the Executive Office he takes the following oath.
"I, do solemnly swear that I will faithfully execute the office of President of the United States and will do the best of my ability, preserve, protect and defend the Constiution of the United States."
Duties of the President
The President is Commender in Chief of Armed Forces.
President can grant pardons and reprieves for crimes against United States.
President shall have power to fill vacancies during recess of the Senate.
President shall give Congress information about the State of the Union.
The President can recommend such measures as he sees necessary.
The President can convene both houses in a case of a disagreement between them or can adjourn for as long as he deems necessary.
The President will see to that the laws are faithfully executed.
The President can commission all officers of the United States.
The President and Vice President and all Civil Officers under The United States can be removed from office by Impeachment for conviction of Treason, Bribery, and other high crimes and misdemeanors.
All executive power rests with the President.
Branches under the Executive Power
CIA ( Central Intelligence Agency )
The CIA is an independent agency responsible for providing national security intelligence to senior US policymakers. The Director of the Central Intelligence Agency (D/CIA) is nominated by the president with the advice and consent of the Senate.
The CIA is separated into four basic components:
National Clandestine Service
The National Clandestine Service serves as the clandestine arm of the Central Intelligence Agency and the national authority for the coordination, de-confliction, and evaluation of clandestine operations across the United States.
Directorate of Intelligence
Directorate of Intelligence where incomplete information is transformed into unique insights that inform US policy decisions. Members of the DI help provide timely, accurate, and objective all-source intelligence analysis on the full range of national security and foreign policy issues to the President, Cabinet, and senior policymakers in the US government.
Directorate of Science & Technology
The Directorate of Science and Technology is one of four major components whose employees carry out the CIA's mission.
Directorate of Support
The Directorate of Support provides everything the CIA needs to accomplish its critical mission of defending our nation. Serving side-by-side with our mission colleagues from the Directorate of Intelligence, the Directorate of Science & Technology, and the National Clandestine Service, our job is to ensure that all our mission elements have everything they need for success.
FBI ( Federal Bureau of Investigation )
Duties of the FBI
Protect the United States from Terriorist attacks
Protect the US from espionage
Protect the United States against cyber-based attacks and high-technology crimes
Combat public corruption at all levels
Protect civil rights
Combat transnational/national criminal organizations and enterprises
Combat major white-collar crime
Combat significant violent crime
Support federal, state, local and international partners
Upgrade technology to successfully perform the FBI's mission
DHS ( Department of Homeland Security )
The Department of Homeland Security mission is to secure the nation from the many threats we face. It ranges from aviation and border security to emergency response, from cybersecurity analyst to chemical facility inspector.
IRS (Internal Revenue Service)
The IRS does actual tax processing; different types of tax processing take place in various centers such as the distinction between individual and business tax processing.
DOE (Department of Energy)
the United States' policies regarding energy and safety in handling nuclear material. Its responsibilities include the nation's nuclear weapons program, nuclear reactor production for the United States Navy, energy conservation, energy-related research, radioactive waste disposal, and domestic energy production.
FTC ( Federal Trade Commission )
The FTC's main mission is the promotion of consumer protection and the elimination and prevention of what regulators perceive to be harmfully anti-competitive business practices.
NLRB ( National Labor Regulations Board )
The NLRB conducts elections for labor union representation and investigates and remedying unfair labor practices.
FCC ( Federal Communications Commission )
The FCC regulates all non-federal government use of the radio spectrum, and all interstate telecommunications as well as all international communications that originate or terminate in the United States.
SEC ( Securities and Exchange Comission)
The SEC is responsible for enforcing the federal securities laws and regulating the securities industry, the nation's stock and options exchanges, and other electronic securities markets in the United States.
DEA ( Drug Enforcement Administrartion )
The DEA enforces the controlled substances laws and regulations of the United States.
The Judical Power of the United States shall be vested in one Surpreme Court and sometimes the courts can ordain or establish to use inferior courts.
Both Surpreme and inferior court judges shall hold their offices in good behavior and can at stated times recieve pay for their services. This shall not be deminished in time in office.
The Judicial Powers shall extend to all cases for rising under this constitution the laws of the untied states and treaties made or which shall be made under thier authority and to all cases having to do with ambassadors, public misters and consuls.
The Surpreme court will have orginal jurisdiction over cases offecting ambassadors, misters and consuls and those use a state shall be a party. With exception of these cases the courts shall have appellate jurisdiction with regulations in which the congress can make.
The trial of all crimes except in the case of impeachment shall be by jury and will be held in the state where the crimes have been commited but when the crime was not commited in any states the trial shall be in a place where congress decides.
When treason is commited against the united states it will consist only and levying war against them or adhearing to their enemies by giving them aid or comfort. No person shall be convicted of treason unless on the testimony of two witnesses of the same overt act, or on confession or open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work Corruption of Blood or Forfeiture except during the life of the person attainted.
How cases reach the Surpreme Court
Federal district court
Step one: Cases filied in a federal district court.
Ferderal appeals court
Step Two: Case is appealed to a federal
court of appeals.
The USA Surpreme Court
Step Three: Cases appealed to the Surpreme court it either allows the lower court ruling to stand or sends the case back to the lower court to reconsider it or agrees to hear the case.
Step Four: Surpreme court rules on the case.
Checks and Balances
When the three branches of governemtn were created, the delegates built "checks and balance" system into the Constution so that one branch couldn't become more powerful than the other.
Each branch is restrained by the other two in several ways. For example, the president may veto a law passed by Congress. Congress can override that veto with a vote of two-thirds of both houses. Another example is that the Supreme Court may check Congress by declaring a law unconstitutional. The power is balanced by the fact that members of the Supreme Court are appointed by the president. Those appointments have to be approved by Congress.
How a Bill becomes a Law
A bill is introduced in either the Senate or House of Representatives by a member. It is referred to a committee for a hearing. The committee studies the bill and may hold public hearings on it. It can then pass, reject or take no action on the bill.
The committee report on the passed bill is read in open session of the House or Senate, and the bill is then referred to the Rules Committee. The committee then can rewrite bill and try for a second reading. At the second reading, a bill is subject to debate and amendment before being placed on the third reading calendar for final passage. After passing one house, the bill goes through the same procedure in the other house.
If amendments are made, the other house must approve the changes. When the bill is accepted in both houses, it is signed by the respective leaders and sent to the president.
The president signs the bill into law or may veto all or part of it. If the president fails to act on the bill, it may become law without a signature.