The Legislative Branch
Legislate – to make law
Legislature – A body of lawmakers (Congress, Assembly, etc.)
Legislator – An individual lawmaker
When our system of government was created the fears that our
founding fathers had about tyranny still existed. To prevent the
abuse of power several systems were created. Federalism was created
to ensure that state governments could exercise local control and
Separation of Powers was created to further divide the power of the
national government. Separation of Powers has within it a system of
checks and balances. These checks and balances set one branch of
government against the other to ensure a healthy competition. This
competition safeguards against one branch gaining too much power.
Internally, the legislative branch has its own way of balancing
power. The legislative branch, as you know is broken up into two
parts or houses. This is known as a bicameral
legislature. Each of the houses of Congress has its differences and
there are something they must do together as well. See the charts
below as a guide:
Senate
|
|
|
|
Number of Senators per state is equal for each state.
The Senate:
|
Number of Representatives per state is based upon the
The House:
|
Together
|
|
|
Must both pass a bill in order for it to become a law. Must both vote to override a presidential veto with a 2/3 Must both vote to propose and amendment by a 2/3 vote. |
Law (the simple version!)
STEP ONE – An idea is developed
Ideas can be generated by a variety of sources.
- Individual citizens and citizens groups may pressure members
of government to take an action. - Members of local government may request that members of a
higher level of government take action. - Interest Groups (organized groups of citizens that share a
common political goal) may pressure Congress. - PAC’s (Political Action Committees) may apply pressure. A PAC
is like an interest group. - All of these groups may hire “lobbyists” to plead their case.
A lobbyist is a professional who goes and speaks to congressmen to
get something done.
STEP TWO –
The legislation gets “sponsored” and introduced.
- A congressmen, or several, must be interested enough in the
idea to write it up and officially send it to the House or Senate
with their name on it. This is called “sponsoring” the bill. - When the send the bill to the
floor of the house or Senate this is known as being
“introduced.”
STEP THREE –
The bill is assigned to a committee
- The Speaker of the House or
Majority Leader of the Senate assign the bill to an appropriate
committee. - The committee debate the bill and
holds “hearings.” - The committee votes on the bill
and either give it a favorable recommendation or an unfavorable
recommendation.
STEP FOUR –
The bill must get voted on and pass the House or Senate
(wherever it started) with a majority vote.
STEP FIVE –
The bill goes to the other chamber and repeats the process.
THE BILL MUST PASS BOTH HOUSES!
- If the bill started in the House
it then must pass the same system in the Senate. - If the bill started in the Senate
it then must pass the same system in the House. - Sometimes a bill does go through
both at the same time.
STEP SIX –
Differences in the bills passed in both houses must be worked out at “Conference
Committee.”
- Conference Committee are the
leading members of the House and Senate from both Political
Parties.
STEP SEVEN –
The bill goes before the President.
- The President may sign the bill.
It then become a law. - The President may veto the bill.
It then may be overridden with 2/3 vote of the House and
Senate. - If the President lets the bill
sit on his desk for ten days without taking any action and
Congress is still in session the bill automatically passes (pocket
pass). - If the President lets the bill
sit on his desk for ten days without taking any action and
Congress ends their session before ten days are up the bill
automatically fails (pocket veto).
Frequently Asked Questions
1. What is the primary role of the Legislative Branch?
The Legislative Branch, also known as the legislature, plays a crucial role in our system of government. Its primary function is to make laws. It consists of bodies of lawmakers, like Congress or Assembly, who debate, propose, and enact legislation that shapes our society. These bodies are tasked with ensuring that new laws are in line with the Constitution and serve the needs of the public. Their work includes drafting new laws, amending existing ones, and repealing outdated or unnecessary regulations. Essentially, the Legislative Branch translates the people’s will into the policies and regulations that govern daily life.
2. How is power divided within the Legislative Branch?
In the United States, power within the Legislative Branch is divided into two houses: the Senate and the House of Representatives. This bicameral structure reflects a system of checks and balances designed to prevent the consolidation of too much power in one place, addressing fears of tyranny that existed during the founding of the nation. The Senate consists of two senators from each state, providing equal representation. Meanwhile, the House of Representatives’ members are distributed according to state population, ensuring representation reflects the populace’s size. Both houses must agree on proposed laws before they can be enacted, which requires negotiation and compromise, reinforcing the balance of power.
3. Who are the key players within the Legislative Branch?
The key players within the Legislative Branch include the legislators themselves, who are elected officials tasked with representing their constituents. In the U.S., these are the Senators and Representatives. Senators serve six-year terms, while Representatives serve two-year terms. Beyond the individual lawmakers, other crucial figures include the Speaker of the House, who leads the House of Representatives, and the Senate Majority Leader, who has significant influence over the Senate’s agenda. Staff members, committee leaders, and party leaders also play critical roles in shaping legislative priorities and facilitating the lawmaking process.
4. What mechanisms are in place to prevent abuse of power in the Legislative Branch?
To prevent abuse of power, the founding fathers implemented several mechanisms in the structure and function of the Legislative Branch. Federalism is one key system, allowing state governments to maintain control over local issues, which means the federal legislature does not have unchecked authority over all matters. Moreover, the principle of Separation of Powers divides government responsibilities into three branches: Legislative, Executive, and Judicial. This division ensures that no single branch, including the Legislative, can dominate government functions. Each branch has its distinct roles and abilities to check the others, maintaining balance and preventing tyranny.
5. How does a bill become a law in the Legislative Branch?
The journey of a bill becoming a law is a detailed process involving several stages, emphasizing transparency and debate. First, a bill is introduced in either the House of Representatives or the Senate, where it is assigned to a committee for study and refinement. If approved in committee, the bill proceeds to the floor for debate and voting. If it passes one house, the bill is sent to the other house where a similar process occurs. Differences between the houses’ versions are reconciled, usually in a conference committee. The finalized bill requires approval from both the House and Senate. Following this, the bill is sent to the President, who can sign it into law or veto it. If vetoed, Congress can override the veto with a two-thirds majority vote in both houses, allowing the bill to become law despite the President’s objections. This multifaceted process ensures thorough consideration of proposed laws.