Legislative Branch Chapter 10

Congress’ Effect on YOU What are some specific examples of Congress’ effect on you? Sets the minimum wage All public high schools must allow student religious groups to meet in the school, on the same terms that other student groups may do so Health Care Law National Debt/Spending Education laws – NCLB (2002) – tests Much, much more

The National Legislature A Bicameral congress Historical Based on the British Parliament Practical Settle the conflict between the Virginia Plan and the New Jersey Plan Theoretical Act as a check on each other

A Conversation with Thomas Jefferson and George Washington A breakfast-table conversation between Thomas Jefferson and George Washington. Jefferson, told Washington that he was opposed two two-chambered legislature. As he made his point, he poured his coffee into his saucer, and Washington asked him why he did so. “To cool it,” replied Jefferson. Washington replied, “we pour legislation into the senatorial saucer to cool it.”

Terms and Sessions Some years ago, a women, incensed at something her senator had just done, said to him: “You know, 535 of you people in Congress meet every two years. There are some of us who think that it would be much better if just two of you met every 535 years.”

Terms of Congress Term: Session: Each term of Congress lasts for two years Session: Period of time during which, each year, Congress assembles and conducts business. There are two sessions to each term of Congress Special Session: a meeting to deal with some emergency situation. Only 26 times. http://thomas.loc.gov/home/ds/h1131.html - Congress’ schedule

House of Representatives Size and Terms: 435 – Set by Congress (not by Constitution) Apportioned (distributed) among the States on the basis of their populations. Each State is guaranteed at least one seat in the House

Reapportionment Article I of the Constitution directs Congress to reapportion the seats in the House after each census. The original House had 65 seats. Current number was set in 1912. Today each of the 435 seats in the House represents an average of 700,000 persons. (Kansas 715,000)

Reapportionment example 2004 election

Kansas Redistricting 2000 & 2010

Congressional Elections Congressional elections are held on the same day in every State Tuesday following the first Monday in November of each even-numbered year. Off Year Elections: Those congressional elections that occur in the non-presidential years. Party in power usually loses seats

Midterm Election Lack of Turnout

Districts P. 268 7 States now have only one seat in the house of Representatives. Single member district – voters in each district elect one of the States candidates At-Large district elections – elected from the state as a whole; no longer used

Congressional Reapportionment Redistricting Gerrymandering Drawing district lines to advantage of one party History of the term gerrymander – pg. 271 “He who draws the lines determines the winners.”

Gerrymandering Activity – Scenario 2/3 A sample population distribution with each symbol representing a voting group (political party stronghold) in a generic state. Your job is to draw district lines of equal proportions (on the 3 samples above) in three different ways: 1. A fair/equitable distribution 2. Majority gerrymandering to ensure complete electoral dominance 3. Gerrymandering designed to ensure over-representation for the smaller party Work with __ partner

Sample population distribution Sample population distribution. Each symbol represents a voter in a generic state Majority gerrymandering to ensure complete electoral dominance. A fair distribution Gerrymandering designed to ensure over-representation for the smaller party.

Mississippi Congressional Districts

Louisiana Congressional Districts

Illinois Congressional Districts http://images.google.com/imgres?imgurl=http://nationalatlas.gov/congdist/Il04_108.gif&imgrefurl=http://www.consensusplan.org/plugin/template/consensus/19/144&h=379&w=684&sz=33&tbnid=PSz9GjAhvQoJ:&tbnh=75&tbnw=135&start=3&prev=/images%3Fq%3DIllinois%2BCongressional%2Bdistricts%26hl%3Den%26lr%3D%26ie%3DUTF-8

Wesberry v. Sanders (1964) P. 271 “One person one vote” Demands States draw congressional districts of equal populations

Congressional Elections $$$$ $10.2 million average cost of winning a Senate Campaign (2012) $1.57 million average campaign cost of winning a House seat (2012) http://www.opensecrets.org/bigpicture/stats.php?cycle=2012&display=T&type=W The Power of the Incumbency

Qualifications for Membership - House Formal Must be at least 25 years of age Must have been a citizen of the U.S. for at least 7 years Must be an inhabitant of the state from which he or she is elected Informal p. 273 vary from district to district based on the demographics of the district (party identification, gender, ethnic characteristics, political experience – need the “right” combination of these factors)

Senate Size Election 100 members Two Senators from each State The Senate provides for “a necessary fence” against the “fickleness and passion” of the House James Madison Election Originally chosen by the State Legislatures 17th Amendment – 1912 Direct election of Senators

Senate Terms: Qualifications: Six year terms Continuous body – all of its seats are never up for election at the same time Constituencies – entire state Qualifications: 30 years old Citizen for at least 9 years Resident in the State they represent

Senators 6 year term gives greater job security Subject less to pressure of public opinion National political leaders

Members of Congress Personal and Political Backgrounds Whatever else they may be, the 535 members of congress are not a representative cross section of the American people. Rather the ‘average’ member is a white male in his mid-50’s, married, lawyers. SEE PAGE 279 AND CHART ON 280

The Job Five Major Roles (p. 280) Law makers Representatives of their constituents Committee members Servants of their constituents Politicians

Representatives of the People Three Types of Representation Trustee (“call em as they see em”) Delegate (vote how the folks back home want) Partisan – (loyal to party) Politico (balance the above ideas) Oversight Function Political Watchdog – makes sure executive branch is in line with law

Pay, Perks, and Privileges Congressional Salaries $174,000 (some paid more – Speaker of House & President Pro Tempore) http://www.mcclatchydc.com/2010/05/03/93358/congress-where-44-percent-are.html Special benefits Tax deduction Franking privileges Staffs Congressional Immunities “cloak of legislative immunity” Protection from libel or slander Still must face treason, felony, and breach of the peace charges See page 283

Politics of Pay 27th Amendment Proposed 1789 Ratified 1992 Pay increases do not go into effect until next congressional election

Membership Privileges Congressional Immunity (p. 284) Article 1, Section 6, Clause 1

Terms From Chapter 10 Term Session Adjourn Prorogue Special Session Apportion Reapportion Off-year election Single-member District At-Large Gerrymander Constituency Colleague Trustee Partisan Politico Oversight Function Franking Privilege

Chapter 11 Powers of Congress

Congressional Power Expressed Powers (spelled out; enumerated) Implied Powers (suggested; necessary and proper) Inherent Powers (presumed to have; sovereign)

Strict vs Liberal Construction Strict constructionists: Narrow interpretation “Government is best which governs least” Jefferson Liberal Constructionists Broad interpretation “an energetic government” Hamilton

Expressed Powers of Congress Article 1, Section 8 Enumerated Powers

The Power to Tax May Tax only for Public Purposes May Not tax exports Direct Taxes must be apportioned among the States, according to populations All Duties, Imposts, and Excises, shall be uniform throughout the United States Direct Tax – paid by the person on whom it was imposed – example: property Tax Indirect Tax – paid by one person but they in turn pass it on to another – example: Cigarettes

Commerce Power Power to regulate interstate and foreign trade Gibbons v Ogden 1824 (p. 297) Clash over the regulation of steamboats by the State of New York, on the one hand, and the Federal Government on the other.

Limits on Commerce Power Cannot tax exports Cannot favor the ports of one State over those of any other in the regulation of trade. Cannot require that Vessels bound to or from one state be obliged to enter clear or pay duties in another Could not interfere with the slave trade

Currency Power Congress has the power to coin money and regulate its value. Legal tender – is any kind of money that a creditor must by law accept in payment for debts.

Bankruptcy Power The States and the National Government have concurrent power to regulate bankruptcy.

Foreign Relations Powers Approval of Treaties Approval of Ambassadors

War Powers Declaration of War War Powers Resolution

Others

Implied Powers Necessary and Proper Clause MuCulloch v. Maryland (1819)

Non legislative Powers Constitutional Amendments Electoral Impeachment Executive Investigatory

Chapter 12 Congress in Action

The Committee Structure (p. 350-351) Standing committees Select Committees Joint Committees Conference Committees House Rules Committee Terms: Discharge Petition Pigeon Holed Bill Seniority System Congressional Leadership

Thomas Web sites Congressional Committees U.S. Congress House Committees http://thomas.loc.gov/home/hcomso.html U.S Senate Committees http://thomas.loc.gov/home/sencom.html

Leadership in the House The Speaker Majority Leader Minority Leader Whips Speaker of the House Dem. Nancy Pelosi http://www.house.gov/house/orgs_pub_hse_ldr_www.html

Senate Leadership President of Senate (Vice President) President Pro Tempore Majority Leader Minority Leader Majority Leader Harry Reid Dem. Nevada Pro Tempore Robert Byrd Dem. West Virginia Minority Leader Mitch McConnell Rep. Kentucky http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm

How a Bill Becomes a Law

Legislative Lobbying 60 minutes video (20 minutes in Length)