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Power Standard 4
Transcript of Power Standard 4
The power to borrow money is essential to the existence and survival of a national government. In the Founding era, political leaders expected that in peacetime the Congress would craft the federal government's budget so that revenues equaled or surpassed expenditures. Indeed, the Treasury Department strictly complied with a policy of earmarking all revenues for particular government programs. Nonetheless, the nation could not successfully defend itself militarily without the power to borrow quickly and extensively when the need arose. The Framers therefore drafted the Borrowing Clause without an express limitation.
"The Legislative Branch." The White House. The White House, n.d. Web. 08 Dec. 2015.
Priest, Clair. "The Heritage Guide to The Constitution." Guide to the Constitution. N.p., n.d. Web. 15 Dec. 2015.
"The Judicial Branch." The White House. The White House, n.d. Web. 08 Jan. 2016.
"THE JUDICIAL BRANCH." THE JUDICIAL BRANCH. N.p., n.d. Web. 08 Jan. 2016.
Congress has the "power to lay and collect taxes," including an income tax, but, under two constitutional provisions (see Article I, Section 2, Clause 3; Article I, Section 9, Clause 4), direct taxes must be apportioned—a difficult requirement to satisfy. If an income tax is subject to apportionment, a state with one-tenth the national population, for example, has to bear one-tenth the aggregate tax liability, regardless of the state's financial condition. Suppose the populations of Iowa and Maine were equal, but Iowa's per capita income were twice Maine's. The rates for an apportioned income tax would have to be twice as high in Maine, the poorer state, as in Iowa. Such geographic variability makes it difficult, if not impossible, for anyone in Congress to support that kind of tax.
What is the Process of Legislature?
Step 1- Anyone can write it a bill, but only members of Congress can introduce legislation. Important bills are traditionally introduced by the request of the President, things like the annual federal budget. During the legislative process, the initial bill can undergo many drastic changes.
Step 2- After being introduced, a bill is referred to the appropriate committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone, but change in number and form with new congress as required for the efficient consideration of legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.
Step 3- A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.
Step 4- If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.
So... What is the Purpose of the Legislative Branch?
All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress.
Step 5- When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority passes the bill.
Step 6- A bill must pass both houses of Congress before it goes to the President for consideration. Though the Constitution requires that the two bills have the exact same wording, this rarely happens in practice. To bring the bills into alignment, a Conference Committee is convened, consisting of members from both chambers. The members of the committee produce a conference report, intended as the final version of the bill. Each chamber then votes again to approve the conference report. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.
Step 7- When receiving a bill from Congress, the President has several options. If the President agrees substantially with the bill, he or she may sign it into law, and the bill is then printed in the Statutes at Large. If the President believes the law to be bad policy, he may veto it and send it back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at which point the bill becomes law and is printed.
Step 8- There are two other options that the President may exercise. If Congress is in session and the President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10 days are up and the President takes no action, then the bill dies and Congress may not vote to override. This is called a pocket veto, and if Congress still wants to pass the legislation, they must begin the entire process anew. (Source 1)
The Judicial Branch
The Judicial branch of our government is the Supreme Court and other federal courts. Their job is to explain the laws of this country under the Constitution. They must decide if laws are constitutional. The Judicial Branch includes the Supreme Court which protects our 4th, 5th, and 6th amendments; A guarantee that no person shall be deprived of life, liberty, or property without the due process of law. Protection against being tried for the same crime twice. The right to a speedy trial by an impartial jury. The right to cross examine witnesses, and to call witnesses to support their case. The right to legal representation. The right to avoid self-incrimination. Protection from excessive bail, excessive fines, and cruel and unusual punishments. Judicial Review is a review by the US Supreme Court of the constitutional validity of a legislative act.
the Spending Clause is the source of congressional authority to levy taxes, it permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and constitute the "Spending Power."
By: Kaylie Abblett
What is the Judicial Branch?