The Legislative Branch

Congress

U.S. Capitol

What is government itself? One of the greatest reflections on human nature. If men were angels, no government would be necessary…James Madison

Article IHouse of Representatives• 435 members• 2 yr terms• Reapportioned every 10

yrs– Redistricting! See Gerry

• 25 yrs old, citizen for 7, live in state

• Organized by party– Leaders & Whips

• Speaker of House – John Boehner (R)

• Strict Rules

Senate• 100 members• 6 yr terms• 30 yrs old, citizen for 9,

live in state• Organized by party

– Leaders & Whips• Majority leader – Harry

Reid (D)• Minority Leader- Mitch

McConnell (R)• Loose Rules

Party Control of Each Chamber

 232 Republicans 200 Democrats 3 vacancies

Popular Congress?

Impact of growing minority groups?

Congressional Sessions

• Last two years• Begin Jan. 3rd of the year after the election• Usually end Nov. before election

– Lame Duck Sessions

Powers of Congress

• Expressed/Enumerated Powers– Tax, Money, Trade, Declare War, Copyrights, etc

• Implied Powers – “Necessary & Proper” Clause– Paying for things

• Checks & Balances– Amendments– Impeachment– Appointments– Treaties– Investigatory Powers

• Hearings

Demographics of the 113th Congress

Who Are They?Are they representative of the

people?

Members of Congress of the 113th Congress– Personal and political background• “average” Congress person = white male in his late 50’s• Majority are married with children• 1/3 of the House and over ½ of the Senate are lawyers• Most have previous political experience– local politics, state politics

Religion – House & Senate

Gender

Gender House (%) Senate (%) Society

Men 354 (81%) 83 (83%) 49%

Women 81 (19%) 20 (17%) 51%

Race/Gender

Race House (%) Senate (%) Society*

White 343 (78%) 94 78.1%

Black 43 (9%) 1 13.1%

Hispanic 37 (8%) 4 16.4%

Asian 10 (2%) 1 5.0%

American-Indian

2 (less than 1%)

0 1.2%

*Hispanics may be of any race, so also are included in applicable race categories

Gerrymandered Districts

• High percentage of one party

• Candidates must cater to the active (usually fringe) members of party

• No moderates able to get through primary system

10 Worst Gerrymandered districts

Geographic Districts• Legislators are elected into single-member districts, where each

legislator represents a separate, distinct election district.

• As held in the 1964, USSC case, Reynolds v. Sims (“one person, one vote”), the Court held that both chambers of a state legislature must be apportioned so that all districts are equal in population.

• Following every 10 year census, each state must undertake a redistricting process to correct for changes in the populations of the districts.

• Redistricting: the drawing and redrawing of the boundaries of legislative districts. – Watch short video on redistricting: http://

www.pbs.org/newshour/thenews/thegov/story.php?id=19491&package_id=634 – Can be political!! Read about Iowa’s 2011 redistricting process: http://

www.fairvote.org/iowa-s-laudable-redistricting-process-and-the-super-district-alternative

Geographic Districts (Cont’d)

• The U.S. Voting Rights Act (1965) declares that states with a history of electoral discrimination against minority groups must preclear redistricting plans with the U.S. Justice Department or the U.S. District Court of the District of Columbia.

• UPDATE: In August, 2013, the U.S. Supreme Court struck down key parts of the Voting Rights Act.

Limiting Geographic Districts:Through Gerrymandering

• Gerrymandering occurs if the lines are redrawn to give a certain party, faction, or ethnic group an advantage

Interested in trying it out yourself?Play the Redistricting game: http://

www.redistrictinggame.org/index.php?pg=resourceguide

Gerrymandering: 3 Techniques

1. Dispersing / Scattering/Cracking:

2. Concentrated/Packing:

3. Incumbent Gerrymandering/Pairing:

1. Competitive – HOW IT SHOULD BE!!2. Sweetheart (incumbent pairing) - redistricts two or more incumbent legislators’ so that both are in the same district, thereby ensuring that one will be elected. 3. Packing (concentrating) occurs if minority’s numbers are great enough when diffused to affect the outcome of elections in several districts. 4. Cracking (dispersing)To diffuse a concentrated political or ethnic minority among several districts so that its votes in any one district are negligible

Iowa Congressional Districts

U.S. Congress (House)

• Current U.S. Representatives from Iowa

• Bruce Braley (D) - 1st - 2007

• Dave Loebsack (D) - 2nd - 2006

• Tom Latham (R) - 3rd - 1995

• Steve King (R) - 4th - 2003

U.S. Senate

• Chuck Grassley – R – Senior Senator (1981)

• Tom Harkin – D – Junior Senator (1985)

Action or Inaction?

An unbiased (or cynical) look at the Logic of

Congress*

*Yes, that might be an oxymoron, but Congress is full of oxymorons

Incumbents

• Only group of people that have to go to the people and beg for their job year after year

• Americans view their own Congressional Representatives favorably while overall approval ratings are low

• Democrats or Republicans• Average member of Congress gets a 60-65% approval

rating from his or her constituents

• Government by and for the people?

Checks and Balances

• Executive Branch and Executive Agencies• Impeachment, Appointments, Overrides,

Judiciary…• Appropriation• Unique among Nations• People are supreme

U.S. Capitol Rotunda

Differences – House v. Senate• Constitutional Requirements

– 25 years old, 30 years old– 7 years citizen, 9 years citizen– State requirements– Native Born?

• Leadership Authority– Seldom challenged, often challenged

• Committee Responsibility– Very important, often overlooked– “Rules” supreme, “Rules” weak

• Open Forums– Limited, Encouraged

Benefits

• Salary $165,200+ per year (Leadership more—SOH- $ 212,100

• Generous retirement and benefits (health care)• Two offices- D.C. and Home District• Staff members• Franking privileges—work-related mail, FREE• Assorted perks; no petty misdemeanors

Voting

Action Happens Because…• Desire to Do the Right Thing• Party Control of Both Houses• Logrolling

– 1991 “Corn for Porn”• “Shadow of the Future”

– Prisoner’s Dilemma…Modified• Desire for Reelection

– Help Constituents– Pork

Inaction Happens Because…

• Divided Congress• Lame Duck Status• Partisan Bickering• Desire Reelection

– Change Vote to Get Votes– Avoid Looking Bad

• It Was Designed That Way

State of the Union

Legislation Passage• Appeasing the Chief Legislator i.e.- President• Party influences 50% of the time

– House partisanship stronger than the Senate– Compromise?– Bipartisanship?

• Constituency support– Voting records– Issues

• SIGS and Lobbyists– Restricted by Congress but…

Making Policy• A collection of “generalists” making policy on specific topics• If one needs to know how to vote on a bill, ask a committee

person and/or party colleague and/or other • House Rules Committee

– Traffic Cop controlling the flow of bills establishing rules for each bill and its schedule

– Leadership (Speaker of the House/ Majority and “Minority” Leaders)

• Party caucus and committee assignments• Rules Committee members• Influence bill assignments to committee

Committees

Committees• Legislation and Oversight• Standing Committee

– Separate subject matter committees• Joint Committee

– House and Senate share membership i.e.--taxation• Conference Committee

– Two bills must become one/ compromise bills• Select Committee

– Specific reason• Assignments

– House- two committees and four subcommittees– Senate- three committees and seven subcommittees

Committees

• Committees also perform oversight if and when a bill ever becomes law

• Committee chairpersons—seniority prevails but majority caucuses now can choose chairpersons

• Caucuses vs. Party Leadership– Legislators can ban together under an “ideological

flag”• Black Caucus, Pro-Life, Pro-Choice, Gun Control, etc.