THE US CONGRESS

Chapters 10 & 12

10.1 - Congress

Bicameral – two houses or parts House of Representatives & the Senate Reasons why…

Historical: British Parliament Practical: settled by the Great Compromise

Gave equal voice AND population reflection Theoretical: check on the system –

“diffuse” the power or situation

Terms vs. Sessions

Term – lasts two years & numbered consecutively since 1st Congress of 1789-1791 Originally March 4th – 20th Amendment Jan

3rd

Today = 113th Congress Session – time when they assemble &

conduct business = one per year of the term Convenes – when they begin work in a

session Adjourns – suspends work during a session Recess – short breaks during a session

Special Session – called by President – emergency 27 in history – Truman’s in 1948 last one

10.2 - House of Representatives Qualifications: at least 25 years old, live

in the state, citizen at least 7 years Usually also live in district representing &

know the issues there House controls its own rules on elections,

qualifications & expulsions has not challenged any member-elect since

Powell v. McCormack, 1969 Only expelled 5 members; “reprimanded”

others Informal qualifications sometimes factor

in

H of R - Terms

All 435 members serve two year terms Short terms designed to make them more

accountable to “we the people” at home Elections are in even numbered years # of seats is based on apportionment

Districts are to be roughly same size in population

Today almost 700,000 people per district No term limits

Reapportionment

US Census every 10 years since 1790 Population shifts result in

reapportionment of seats Grew fairly consistently from 65 in 1789

to 435 after 1910 census Reapportionment Act of 1929 – set 435

as permanent number of Reps Census Bureau determines # of Reps per

state

Congressional Elections

First Tues after the 1st Mon in Nov of even # years

Must use a voting machine or ballot Off-year elections – the years w/out Presidential

election Note: party of the President usually loses seats Not in 2002 after 9/11

435 Congressional Districts in US Single-member districts

Some states had tried at-large elections – didn’t work (1842)

States establish a district’s boundaries, but must be contiguous territory, equal #s, & compact in size

Gerrymandering

Named for Mass Gov. Elbridge Gerry in 1812 Drew district boundary lines to favor his

party Gerrymandering – drawn to the

advantage of the political party that controls the state legislature Widespread today, even to local elections 2 purposes – 1 – concentrate the opposition

in as few districts as possible – “packing” 2 – spread the opposition as thinly as possible –

“cracking” Sometimes “kidnapping” – redraw lines to

move an incumbent into a district less likely to be reelected

Result today: most districts are considered “safe”

Court cases have impacted… Wesberry v. Sanders, 1964

“one person, one vote” principle, caused dramatic shift away from rural overrepresentation

Gomillion v. Lightfoot, 1960 Gerrymandering based solely on race

violates 15th Amendment Davis v. Bandemer, 2003

Reinforced that state may redraw boundaries when party in control wants to seize an advantage

10.3 - Senate

Qualifications: at least 30 years old, live in state, 9 years a citizen

Senate also controls its own rules on elections, qualification, expulsions, etc. But to expel a member needs 2/3s vote –

total 15 Similar informal qualifications considered

Especially political experience as Senate is viewed as the “upper House” of Congress

Two Senators per state

Senate Term & Election

6 year term, 1/3 up for election every other year Continuous body as all of its seats are

never up for election at the same time length is to give them time to study the law

& be less pressured by special interests or passions in the moment

Originally Senators chosen by state legislatures

17th Amendment, 1913 – direct elections These are at-large elections

10.4 - Personal & Political Background

Most are white men in their 50s Growing #s of women, minorities

Most are married with kids and have a religious affiliation

Most are lawyers &/or have advanced degrees

Most are born in the states they represent Most have political experience Most are upper-middle class **is NOT an accurate cross section of

American society

Representatives of the People

Lawmakers can represent the people as they vote…1. Delegates – discover “what the folks back

home” think about an issue & vote that way – can counter own opinion

2. Trustees – call issues as they see it using their own conscience & judgment – can ignore constituents

3. Partisans – owe allegiance to their political party – considered the leading factor in influencing voting

4. Politicos – try to combine all three and balance conflicting roles

Committee Members

Members serve on various committees – “experts” on certain issues

When bills are proposed, committees screen or preview the bills Decide if the bill will go on to floor

consideration Appropriation – provide $ to enforce laws Oversight function – committees check

to make sure the executive branch agencies are carrying out the laws

Compensation

Salary - $174,000 year Speaker - $223,500; VP – $227,300; floor

leaders - $193,400 “fringe benefits” – special tax deduction

for 2 residences Travel allowances, life & health insurances,

pension plan plus Social Security & Medicare

Offices – given one in DC, allowance for ones at home

Franking privilege – signature in place of stamps

Restaurants & gym, parking in DC & at airport

Politics of Pay

Voter backlash – fear of election day fallout over compensation or improper use of “perks”

Presidential veto of a pay raise 27th Amendment, 1992 – must have a

Congressional election before a pay raise can take effect

Membership Privileges – protections from court for attendance & speeches To encourage vigorous debates on issues Does not allow for personal attacks

Ch. 11 - Expressed Powers of Congress

Create & collect taxes, coin & borrow money 16th Amendment, 1913 = income tax

Regulate interstate & foreign trade Gibbons v. Ogden, 1824 – further defined interstate

Bankruptcy & Immigration - naturalization Declare war Establish courts, military Copyrights, patents, weights & measures, post

offices Conduct process of impeachment Senate ratifies treaties & confirms appointments

12.1 - Opening Day in the House The Clerk of the House from preceding

term presides until a Speaker is elected Calls order, does roll call

Members then pick the Speaker of the House Speaker takes Oath of Office from Dean of

the House Speaker then gives Oath to rest of the

House Clerk, parliamentarian, sergeant at arms,

chief administrative officer & chaplain elected

Adopts Rules of the House Members appointed to the 20 permanent

committees

Opening Day in the Senate

There is no large organizational session Continuous body

Newly elected & reelected members take the Oath of Office

Fill vacancies in Senate leadership and on committees

When Senate is told the House is organized, they send a message to the President – they have a quorum & are ready to hear from him

Few weeks later – State of the Union message is given to a joint session of Congress, in person since 1913

Presiding Officers - House

Speaker of the House Most powerful in Congress, acknowledged

leader of majority party, also 3rd in line to presidency

Primary roles – to preside & keep order Majority Leader Majority Whip Minority Leader Minority Whip

Presiding Officers - Senate

Vice President = President of the Senate Named by Constitution Can preside & keep order, only votes when a tie

President pro tempore Served in VP’s absence, longest serving of

majority party 4th in line to presidency

Majority Leader Majority Whip Minority Leader Minority Whip

Party Officers - both

Party caucus – closed meeting of that party Policy committee – executive body of each

caucus Other caucuses deal with particular issues Can belong to more than one caucus

Floor Leaders – also picked by the party Legislative strategists that steer floor action

to benefit the party Committee Chairmen – head the standing

committees All impacted by seniority rule – unwritten

custom

12.2 - Committees in Congress Standing Committees – permanent

20 in House, 16 in Senate – see charts pgs 340-341

Subcommittees – standing committees divided into smaller groups to deal with more specific topics Crime & drugs, Immigration, Consumer

Rights Almost 70 in Senate, 99 in House

Select Committees – investigative groups that are temporary in order to deal with special issues Indian Affairs, Presidential Campaign

Activities, Covert Arms Transactions

Committees con’t…

Joint Committees – made up of members of both House & Senate to advise Congress on a particular area Most are permanent & serve on a regular

basis Joint Committee on the Library

Conference Committees – also both House & Senate members in order to work out a compromise between House & Senate versions of a bill before it goes to the President Temporary, joint group

Committee Assignments

Choose to serve on a particular committee…1. To benefit their district or state2. To influence national policy3. Because of their personal interest or

background Once named to a committee, they may

stay on it as long as they wish Eventually, members with seniority may

become the committee chair Committee chairs are always from the

majority party

12.3 & 4 - How a bill becomes a law

In the House – see handout In the Senate – see other handout Final step – to the President

1. Sign the bill becomes law2. Veto the bill rejects it & returns it to the

part of Congress where it originated – usually with a veto message

3. Can become a law without signing it in 10 days (not counting Sat & Sun)

4. Pocket veto if Congress adjourns during the 10 days, president can ignore it and the bill dies