Congress: Article I

The Constitution Congress at Recess Located in Article I Framers of the Constitution intended Congress to be the most powerful branch, why? Congress usually meets from January until November, often take a summer “recess” and don’t work on Fri.; special session How has the work schedule of Congress changed over time and what are the results of that? Congress at Recess

House of Representatives Our legislature was divided into two parts at the Constitutional Convention, why? The House of Representative has 435 voting members, each state has at least one representative; census used to determine how many reps each state gets Must be 25, a citizen for 7 years, and resident of the state States draw boundary lines for election districts, states must ensure that about the same number of people are in each district; abuse and gerrymandering? Serve 2 year terms, usually focus on needs of district rather than the whole state

The Senate KY Senator’s Rand Paul (R) and Mitch McConnell (R) The Senate has 100 members- 2 from each of the 50 states Senators represent the entire state and serve 6 year terms Must be 30, 9 years a citizen, and live in the state Elections are staggered so that 1/3 of all senators are up for reelection at any one time, why? Senate is considered more prestigious and more moderate than the House, why? KY Senator’s Rand Paul (R) and Mitch McConnell (R)

Legislative Powers The powers that are specifically given to the Congress are called “expressed powers” or “enumerated powers” Constitution gives Congress the power to do whatever is “necessary and proper” to carry out their expressed powers “Implied powers” powers needed to perform their job but not listed; Air Force, purchasing land; potential problems with implied powers? To pay for the govt. and its services Congress has the power to collect taxes All tax bills must start in the House of Representatives, but Senate must approve; why?

Legislative Powers Congress has the power to regulate foreign and interstate commerce; includes trade and other economic activities among the states Laws dealing with air traffic, railroads, trucking, radio, television, air pollution, and the stock market are based on this power Congress has the power to declare war; who sends troops? Congress has the power to create, maintain, and oversee the armed forces Senate must approve any treaties the president makes

Non-Legislative Powers Congress can propose constitutional amendments Senate has the power to approve or reject the President’s nominees for various high-ranking officials such as his Cabinet House has the authority to impeach federal officials who have committed a serious crime or offense; if House votes to impeach two thirds in Senate must agree for the official to be removed; Johnson and Clinton Congress monitors the activities of the president and makes sure he enforces their laws

Limits on Power Protesting against Guantanamo Bay Constitution reserves many powers to the states Supreme Court can declare laws passed by Congress to be unconstitutional President can veto bills passed by Congress; Congress can override veto with a 2/3 vote in each house Congress can not suspend the “writ of habeas corpus”; court order that requires police to bring a prisoner to court to explain why they are holding the person Congress can not pass a “bill of attainder”; laws that punish a person without a jury trial Congress can not pass “ex post facto” laws; laws that make an act a crime after the act has been committed Protesting against Guantanamo Bay

Congress As A Career For most of your history members of Congress did not stay in their seats for very long; ex. Lincoln only served one term in the House and then returned to Illinois House Pay for rank-and-file members of Congress is $174,000; why might this be irrelevant Also eligible for retirement, and health benefits Incumbents have a high probability of being re-elected to office

Benefits of Incumbency Congress currently has a 15% approval rating (Gallup, Sept. 12, 2011); why do so many members of Congress get re-elected? “I hate Congress, but I like my Representative” effect; seniority Gerrymandering and district composition play a big role Pork barrel projects; one man’s trash is another man’s treasure Build loyalty through constituent services and mailings (franking) Incumbents have a significant fundraising advantage? Why would strong candidate not challenge incumbents?

Risks of Incumbency “Throw all the bums out effect;” 2006, 2010 Personal misconduct: scandal is a major reasons incumbent lose; some politicians get to comfortable and arrogant and think they don’t have to play by the rules Turnout variation: midterm elections have much lower turnout than Presidential elections; what type of voters show up Why does the President’s party usually lose seats in midterm elections? Senators are more likely to receive a strong challenger? Primary problems Redistricting can force House members against each other