Congress Chapter 11

The Evolution of Congress Congress as the central lawmaking body was a unique invention – rule by emperors/kings was the common method The intent of the Framers: To oppose the concentration of power in a single institution To balance large and small states and checks and balances Bicameralism House = closer/more accountable to the people 2 year elections, smaller districts Senate = more elite, aristocratic, educated House, closer to President 6 year elections, represent entire state, stricter qualifications They expected Congress to be the dominant institution but limited by checks The “First branch” of American government Has the “power of the purse” BUT checked by president’s veto power (even though Congress Can pass a law even if president vetoes it) Only legislature that exercises almost independently of executive Checked by Supreme Court – laws can be deemed unconstitutional

Virginia Plan New Jersey Plan Connecticut Compromise

The Legislative Compromise Recall the Great (Connecticut) Compromise creating the legislative (lawmaking) branch of government Congress is a bicameral legislature with: two coequal houses with substantially equal powers; and in particular, legislation (laws, policy, public policy) requires the support of a concurrent majority in both houses (51% in both houses) In the House of Representatives, states have representation proportional to population Members serve two-year terms. Representative districts = smaller areas (Hialeah, South Miami, L.C.) In the Senate, states are equally represented (2 Senators/state) The size of the Senate =100 members Senators serve staggered six-year terms. Senate “districts” = states. Since ratification of the 17th Amendment (1913), Senators have been popularly elected, in the same manner as Representatives.

Major Functions of Congress Representative of the people Closer to the people and directly elected by the people (smaller group, inhabitants of area) Lawmaking (public policy = law) Congressional powers defined in Article I, Section 8 (taxes, interstate and foreign commerce, *elastic clause) Consensus building (amongst parties) Special, exclusive powers: House – Revenue bills must originate in the House (though usually happen simultaneously) and impeachment power (officials charged in the house of high crimes) Senate – Confirms major presidential appointments, makes treaties with foreign nations (along with president), and holds hearings for impeached officials Congress Evolutionary powers (due to elastic clause) – oversight of the budget ($ and presidential proposals approved by Congress), investigation and hearings of public officials

Constitutional Differences House of Representatives Senate 2 year terms, unlimited 6 year terms, unlimited 435 members (proportional representation) – changes every 10 year with census 100 members (equal representation-2 per state)  initially elected by state legislatures - considered “Millionaires’ Club;” 17th Amendment (1913) made popular election of Senators Initiates all “money” bills (taxation and spending) “Advice and Consent” on president’s appointments and treaties Initiates impeachment proceedings Tries impeached officials 25 years old, 7 years a citizen 30 years old, 9 years a citizen

Differences continued

Election of Representatives Since 1968, Congress has required states to use single-member districts for the election of their House members Single Member district – Majority (over 50%) is not needed to win an election, just a plurality – candidate with the most votes wins Encourages a two party system Contrasts to proportional representation system in which

Reapportionment of seats in the House of Representatives The [original] Apportionment Clause: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. In 1940, Congress permanently set # of reps as 435 seats Reapportionment: Apportionment (or reapportionment done proportionally to the population in the states to prevent unequal representation among different constituencies. dividing up the # of representatives per states based on population In April 2011, the Census Bureau will announce the official apportionment population of each state (based on the 2010 census), and the number of House seats each state will have for the coming decade

The 1990 and 2000 Apportio nments

Congressional Districting Redistricting = State legislatures determine how Congressional District boundaries are drawn following each census. The districting process is highly contested and political and often partisan. Legislative districting involves two controversial: Gerrymandering drawing a district boundary in some bizarre or unusual shape to make it easy for the candidate of one party to win election in that district (to influence outcome of elections) Malapportionment – District size: If districts with unequal populations each elect one representative (with one vote in the legislature), the voting power of individual voters is unequal from district to district.