Court Vocab and Cases

Bailiff - keeps things running smoothly in the judge's chambers and the courtroom
Civil Attorney for Defendant - presents evidence to convince the jury my client didn't violate the other side's rights
Civil Attorney for Plaintiff - presents evidence to convince the jury that the defendant violated my client's rights
Civil Defendant -  help my lawyer to prove I didn't break the law or violate rights
Court Clerk - uses a computer to take official notes about what happens
Court Reporter - transcribes what everyone says word for word
Criminal Defendant - sits with lawyer and hopes the jury will decide I didn't commit a crime
Criminal Defense Attorney - presents evidence to convincethe jury my client didn't commit a crime
Judge - makes sure that the lawyers follow cortroom rules and that the jury knows what to di
Judicial Assistant -makes sure that the lawyers have everything they need
Juror - listens carefully to evidence to decide the verdict
Plaintiff - sit with lawyer and hope that the judge decides that my rights were violated
Prosecutor -  presents evidence to convince the jury that the defendant committed a crime.
Victim - not involved witht the trial because the state pressed charges for them.
Witress- testify in court to what they saw

Court Cases:
Texas v Johnson - symbolic speech
New Jersey v TLO - 4th amwendment violation
USA v Nixon - protected presidential speech
Korematsu v USA -restricted freedoms after WWII
Engle v Vitale - 1st amendment religion

Extra Credit: Creating a Poll

You have been tasked by the student leadership group to gain an insight into student interests and concerns.  Choose a topic that you think interests or concerns the high school students, and then craft a poll that will tally those opinions. 

Be sure to include:

Your Universe:  who are you trying to get the opinions of?

Your sample size:  How many students did you poll?

The Demographics you collected:  do you care about age?  Gender?  Grade? 

The Questions:  What questions are you asking?  How many?  Are they neutral and not leading?

The Results:  What did you polling show? 

Include the poll itself ( a blank template) and your responses along with the answers to these questions.

Good luck, and happy polling!

Election Extra Credit

Interview 5 people.  Ask them the following questions:

1.        How old were you when you registered to vote?

2.       Why did you register to vote?

3.       Do you vote in both local and national elections?  (if only one, why)

4.       Why do you vote?

5.       Do you feel like your vote makes a difference?

Write up all of your answers.

Include a summary paragraph that includes the following information:

 Based on your interviews, do you think that most people feel like voting is important?  Are you going to vote in the next election?  What do you think would happen if more people voted?

Can be typed or handwritten.

The Legislative Branch

In the United States, Congress refers to the legislative branch of government.

   Congress is the legislative branch of the US government.

   This means that only Congress can make laws (legislation).

   The legislative powers of the House and the Senate are different.

   Unicameral: one house

   Bicameral: two houses

   The Constitutional Convention decided that the House of Representatives would be elected by proportion of free citizens and 3/5 for slaves, with no representation for Indians not paying taxes.

     The number of representatives has changed over the years to reflect population growth.

     In 1789, there were 59 representatives.

     In 1911, the total number of representatives was fixed at 435.

     Every state is equally represented in the Senate.

What are the qualifications for members of Congress?

Congress members do not have to own property.

Congress members must be residents of the states they represent.

There are no limits on religion or sexual preference

Congress members may not be arrested while in congressional session or going to/coming from Congress, except for treason, felony, or breach of the peace. Congress members also are entitled to freedom of speech and debate.

Each house shall keep a journal of its proceedings… excepting such parts as may in their judgment require secrecy.

      Members of Congress are paid by the U.S. Treasury Department.

      From 1789 to 1815, Congress members received $6.00 per day while in session.

      The 2008 salary for members of the House and Senate is $169,300 per year.

In 1845, Congress voted to set the time of national presidential elections to the Tuesday after the first Monday in November. This allowed farmers time to travel to the county seat to vote.

There are no term limits for members of Congress.

    Each member of Congress has staff to assist in fulfilling the duties of office.

    Administrative assistants report directly to the representatives.

    Legislative directors make recommendations about legislative issues.

    Press secretaries communicate with the public and the press.

    Appointment secretaries maintain the representatives’ schedules.

    Caseworkers prepare replies to the representatives’ constituents.

Congressional Districts

     The number of House members representing each state depends upon the state’s population as reported in the U.S. Census.

     The census is taken every 10 years

     Each state is divided into congressional districts of equal population. Every state has at least one congressional district.

     There is one representative for each congressional district.

Qualifications

House:

25 years old

Citizen for 7 years

Resident of the State

Senate:

House:

30 years old

Citizen for 9 years

Resident of the State

Term of Office:  House – 2 Years, Senate  - 6 Years

An incumbent is a member of Congress running for re-election.

        95% of House incumbents win.

        A congressional sophomore is a representative in his or her second term of office.

        The term sophomore surge refers to the 8 to 10% increase in votes usually received by an incumbent running for a second term.

The House of Representatives

Reapportionment: Every ten years congressional seats are re-assigned to the states to reflect changes in the population.

        Some states may gain representatives while others may lose.

        Redistricting: The process within the states of redrawing legislative district boundaries to reflect population changes following the decennial census.

        Districts are supposed to be drawn evenly.

        Gerrymandering: Creating districts to maintain party majorities. The term was first used in 1812, when Governor Elbridge Gerry redistricted the state of Massachusetts.

United States territories—Puerto Rico, Guam, American Samoa, the Virgin Islands and the Northern Marianas in 2009 are represented in the House by five additional members.

     These members may participate in debates.

     They cannot vote.

The House of Representatives has tie-breaking powers over a presidential election if no candidate receives a majority of electoral votes.

The House rules govern the conduct and procedures of the legislature.

The Speaker of the House of Representatives is the presiding officer.

        The Speaker is second in the presidential line of succession, after the vice president.

        The Speaker is elected on the first day of a new session of Congress by simple majority vote.

        Leader of the majority party.

        Presides over the House.

        Decides whom to recognize to speak on the floor.

        Rules on appropriateness of motions.

        Directs bills to the appropriate committee.

        Influences which bills are brought up for a vote.

        Appoints members of special and select committees.

The House majority leader is elected by the party with the most members in the House.

        The majority leader is second to the Speaker of the House in the majority party hierarchy.

        The role of the majority leader is not specified by the Constitution.

        The majority leader assists the Speaker with scheduling legislation, managing the House floor and unifying their political party.

The minority leader represents the second-largest party after that of the Speaker.

        The minority leader works to develop strategies to increase his or her party’s influence on legislation.

The Senate

The Constitution states that the vice president of the United States is also the president of the Senate.

The most important job of the Senate president is to cast tie-breaking votes.

      The president pro tempore of the Senate is the highest-ranking senator and the second-highest-ranking official of the Senate.

      The president pro tempore may preside over the Senate.

      The president pro tempore is third in the line of succession to the presidency.

In Senate, the majority leader, also called the floor leader, is the spokesperson for the party with the most members in the Senate.

      The majority leader is elected by his or her party.

      They schedule the daily legislative program and establish limits for debate.

      The Senate minority leader represents the other major party.

Originally senators were appointed by the state legislatures.

The 17th Amendment: Popular Election of Senators Changed it so that Senators were elected directly by the people. 

One-third of the Senate comes up for election every two years.

As with the House of Representatives, senators are elected by the plurality rule: the person with the highest number of votes wins.

Special Duties of the Senate: 

      Confirm international treaties.

      Confirm presidential appointments, such as cabinet secretaries, Supreme Court justices, and ambassadors.

      Put on trial government officials who have been impeached by the House.

Congressional Committees

   Committees make Congress’s organization and operation more effective.

   Committee membership allows members to develop specialized knowledge of the matters under their jurisdiction.

   Committees oversee government agencies and conduct investigations.

       The House and the Senate have separate forms of committee organization.

       They also have separate party leadership.

       Both houses of Congress are influenced by caucuses.

Committee Selection:

First: A new member of Congress requests to be placed on a committee. Incumbent members usually stay on the same committee they were on in the previous session.

Second: The Democrats and Republicans each have a Committee on Committees to select committee assignments for their Congress members. The selections need party approval.

Third: The assignment slates are submitted to the full chamber of the House or the Senate for approval.

Each member of the House and Senate usually serves on two standing committees. Incumbents become very powerful by remaining on the same committees over time.

Both the Democrats and Republicans elect a whip at the beginning of each Congress.

       The term "whip" comes from the British foxhunting term "whipper in," meaning the hunter's assistant who keeps the hounds together in a pack.

       The majority and minority whips are responsible for unifying their party members on important legislation.

Joint conference committees are temporarily formed to resolve differences in Senate and House versions of the same piece of legislation before final passage.

Subcommittees are initiated to carry out specific tasks for the parent committee.

•          Subcommittees investigate and consider specific bills under the jurisdiction of the parent committee.

Lame Duck Sessions - refers to the time between the November election and the date (1/3) when the new Congress is inaugurated.

        This session includes incumbents who did not get re-elected.

        These members are known as "lame ducks," as they have very little power.

How a Bill becomes a Law

A law begins when the constituents of a member of Congress request action on a particular issue.

First, the bill is researched to be sure that it is allowed and does not already exist.

The bill is written and introduced to Congress. Only a member of Congress may introduce a bill. That person is called the sponsor.

The bill is sent to the appropriate committee.

      The bill is debated in committee and moved to a subcommittee.

      The subcommittee may mark up or change the proposed bill.

      The subcommittee votes to accept or reject the changes.

      The subcommittee may decide to introduce a "clean bill" with all the changes.

      The bill returns to the full committee for a vote on whether or not to move the bill forward.

      The Chamber Takes a Vote

      A simple majority—50% plus one—is needed to pass bills through the House and the Senate.

      A two-thirds majority is needed to override a presidential veto.

      The filibuster is a procedure whereby a senator or group of senators may speak on any topic for as long as they wish unless 60 senators invoke cloture.

        A filibuster delays the vote and prevents other legislation from being discussed.

        The threat of a filibuster may force changes or withdrawal of proposed legislation.

If the bill passes with a majority of votes, it will be sent to the other chamber of Congress.

If two-thirds of both houses of Congress vote to override the president’s veto, the bill becomes a law.

If Congress does not override the veto, the bill dies and does not become law.