Congress HOUSE OF REPRESENTATIVES SENATE

Why Bicameral? Historical---we stole the idea from British Parliament (House of Commons, House of Lords) Practical---compromise between big states (Virginia) & small states (NJ) Theoretical---each will check each other’s power “checks and balances”

The National Legislature Congress’s job is to make laws. The Constitution states that Congress must be bicameral. The House of Representatives and Senate make up the Congress. The House of Representatives members are determined by population. The Senate has two members from each state.

House of Representatives Congress Senate Upper House House of Representatives Lower House President of VP of USA President Pro Tempore Senior Ranking Member Of the Majority Party 435 Representatives (+6 nonvoting delegates) Elected by Population Serves for 2 years House Minority Leader Speaker of House Majority Leader 100 Senators 2 from each State Serves for 6 Years

Major Differences Between the Houses of Congress The House The Senate 100 members serving rotating six-year terms Equal number of members per state Committee consideration easily bypassed Rules Committee weak; few limits on debate or amendments Unlimited debate unless shortened by unanimous consent or by invoking cloture Non-germane amendments may be introduced (riders). Confirm nominations, ratify treaties, impeachment trials 435 members serving two-year terms Based on population Speaker refers bills to committee Committees almost always consider legislation first Rules Committee powerful; controls time of debate, admissibility of amendments Debate usually limited to one hour Non-germane amendments may not be introduced from floor Revenue bills, impeachment

Qualifications to Become a Member of Congress H of R Senate Age: At least 25 At least 30 Citizenship: At least 7 years At least 9 years Residency: Must live in the state they are elected from

TYPES OF LEGISLATION Bills: draft of a law presented to H or S by a member. Resolutions: formal declaration of opinion. Riders: Attachment to bill, usually controversial and not directly related to the bill and it wouldn’t pass on its own as a bill. Earmarks: provision to a bill including local spending items.

THE BILL TO LAW PROCESS (Simplified) 1. Bill introduced in H/S 2. Sent to committee 3. Voted on by H or S 4. Sent to Conference with other chamber 5. Sent to President 6. Signed or Vetoed (if vetoed, override possible with 2/3s vote)

Leadership in the House of Representatives SPEAKER OF THE HOUSE Selected by the majority party Job: Presiding Officer of the House Power: Decides which committee a bill goes to. John Boehner R – Ohio

Leadership of house Majority Leaders (House and Senate): Spokesmen for dominant party Senate- Mitch McConnell (R-KY) Kevin McCarthy (R-CA)

Leadership of House Minority Leaders (House and Senate): Spokesmen for opposition party Senate- Harry Reid (D-NV) House- Nancy Pelosi (D-CA)                

Leadership of Senate Vice President of US: President of Senate: breaks ties President pro tempore of Senate: Orrin Hatch (R-UT) Whips: vote counters in House, assist party leaders

Leadership in the United States Senate Majority Leader Leads the Democratic party Job: Guides legislation Minority Leader Leads the Republican party Job: Leads Opposition Mitch McConnell R - Kentucky Harry Reid D - Nevada

Other House & Senate Positions Clerk of House does administrative duties. Parliamentarian keeps rule on debate. Chaplain prays before debate. Sergeant at Arms keep order. Official Reporters writes every single word in meeting. Post Master sees that everything is distributed.

House & Senate Committees Committee posts are delegated by the Speaker and based on seniority – Way and Means Committee – Paul Ryan (8 presidents, 21 Speakers)/ Armed Services Committee Powerful politicians are hard to remove The Senate has 21 permanent Committees (Judiciary, Armed Services) The House has 21 permanent Committees (Ways and Means, Appropriations) There are 4 Joint Committees Standing Committees are formed by an official and have power. They meet on a regular basis Select (Special) Committees are formed to investigate an issue and expires on completion Joint Committees include members from both chambers

Congressional Rules and Benefits

Congressional Expectations Loyalty to chamber Civility Seniority – the most senior members get more choice of assignments Specialization - become an expert in area Reciprocity (aka logrolling)-support for each others bill. Members often curry favor by contributing to other campaigns

Theories on Congressional Representation Delegate Follows advice & instruction of constituents Trustee Counts on trust of constituents based on their vote of confidence Politico Mix of what works politically (delegate sometimes, trustee sometimes)

Privileges and Penalties Congressional Immunity Freedom of Expression in Congressional Records Expel Members with 2/3 vote Codes of Ethics

Does Congress represent the average American people? The average member is a male in his mid-50s. Most are married and have a background in politics, law, agriculture or education Law background- 159 Reps & 58 Senators Education background- 82 Reps & 14 Senators 109 have served as former political aides. Private sector background- 162 Reps & 26 Senators

DIVERSITY  

 

DIVERSITY

House Demographics There are 75 women in the HOR (15%) 42 HOR members (9.5%) are African-American. (African-Americans make up about 13% of current U.S. population. 27 HOR members (5%) are Hispanic. (Hispanics represent about 14% of the U.S. population.

Compensation and Benefits Salaries - $174,000 per year Speaker $223,500 Leaders $193,400 Some outside income allowed (15% of pay) Members are allowed to deduct, for income tax purposes, living expenses up to $3,000 per annum, while away from their congressional districts or home states. The Members’ Representational Allowance (MRA) is available to support Representatives in their official and representational duties (Franking + office expenses + personal ($994,671 per member) The 2014 allowances ranged from $1,195,554 to $1,370,009, with an average MRA of $1,255,909

Compensation and Benefits Reps have an average of 17 staffers; Sen have an average of 40 The Senators’ Official Personnel and Office Expense Account (SOPOEA) is available to assist Senators in their official and representational duties. (average is $3,235,422) Each Senator gets $40,000 for furnishing!

Compensation and Benefits Computer service No insider trading laws TV and radio broadcast Travel expense ($250,000 + free flights) Foreign Trips Pension Plan and Retirement Income (next of kin gets one year salary) Incumbency = helps in re-election

Congressional Powers

Terms and Sessions of Congress Each term begins on January 3rd of odd numbered years. On January 3rd, 2015, the 114th Congress began and will end late in the year 2015.

Terms and Sessions of Congress Each term has two sessions. A session lasts one year. Congress can adjourn when it finishes its business. The President can call Congress into a special session to deal with an urgent matter.

Senate The Senate has 100 members. Each state has two senators. 17th Amendment (1913): direct election of senators Senators serve six-year terms. 1/3 of the Senate is up for reelection every two years. (33 or 34) Considered the upper house of the legislature 54 Republicans, 46 Democrats, 2 Independent

Senate Demographics In the 114th Senate: 54 Republicans; 44 Democrats; 2 Independent Men will chair 20 committees; women will chair 1 (more women but less power) 17 women 3 Hispanics 11 Jews (10 Dem, 1 Ind. 1 Asian-Americans 1 African American (9 in all of history) Average age is 62 years Oldest member is 81 (5 are in 80s, 18 are in 70s) the youngest is 37 (Tom Cotton AR).

“Millionaire’s Club” The Senate Longer terms, less turnover, more media attention, more prestigious Less rules, more open talk Major committees: Judiciary, Foreign Relations, Appropriations Senator serve on 2-3 committees Leaders Majority and Minority The longest senator from each state is the “senior senator” (medium net worth of Congress is $1,000,008)

The Filibuster The Filibuster: Talking until majority of Senate agrees to abandon or modify a bill. OLD STROM: Record filibuster 24 h, 18 min Filibusters have included corn bread recipes, phone book readings, fishing stories, etc. Cloture: 60 senator vote to limit debate to 30 hours

House of Representatives Must be 25 years of age (when seated, not when elected). Must have been a citizen of the United States for 7 years. Must be an inhabitant of the state from which elected. (NOTE: custom, but not the Constitution, requires that a representative live in the district that he or she represents.) Serve a two year term.

The House of Representatives 114th Congress is 2015 to 2017 435 members – 201 Dems, 234 Reps. The H of R apportions, or distributes, the seats among the states. Each member is up for reelection every two years. Leader: Speaker of House: John Boehner (R)

The People’s House The House 435 members, running every two years=always running Responsible for Federal Budget Strict rules on debate, amendments Major committees: Appropriations, Oversight and Gov’t Reform, Budget Lots of subcommittees which are far more open for discussion The House has the sole authority to initiate revenue bills

Determining Representatives Census Every 10 years to determine population Reapportion – Divide seats between states (Congress does this) Constitution – 1 rep per 30,000 citizens 1929 Reapportionment Act passed 1959 = 437 Reps (Hawaii & Alaska) 1990 – 1 rep = 576,000 2009 – 1 rep = 709,000 10,280 = members in House if original numbers used

Determining Representatives Census Every 10 years to determine population Reapportion – Divide between states (Congress) Redistrict within the states (state legislature) Gerrymander drawing district lines based on some characteristic other than just population (can often be declared illegal) Bans exist on discriminatory gerrymandering Bans on misrepresentation in district

Apportionment House: 435 seats divided up based on a state’s population (~670,000 per district) Senate: 2 Senators per state 53 Idaho 2

Drawing of Congressional Districts Districts are redrawn every ten years based on the census. Districts are drawn by the state legislatures, and approved by the federal courts. Districts must be: contiguous, compact, and equal in number of people represented in each district.

Based on demographic shifts, states may gain or lose seats. In 2010 Texas gained four seats; Florida gained two seats; Georgia gained one seat, while New York and Ohio lost two each. There has been a movement from the cold, northern states to the warmer southern states

Congressional Elections Held in November in even-numbered years. An off-year election is the congressional election held between presidential elections. The president’s party usually loses seats.

3. Powers of Congress

Legislative Powers (Expressed- specifically mentioned Constitution): 1.  Tax and Spend, (and Spend, and Spend) 2.  Borrow 3.  Coin Money 4.  Regulate Commerce 5.  Foreign Relations (approve treaties, declare war, etc.) 6.  Create courts, post offices, copyrights, & patents 7. Manage and rule territories

Strict Constructionists: Loose Constructionists: Legislative Powers Implied Powers- not specifically mentioned but implied (by elastic clause). Too many to name---is this ok? Strict Constructionists: NO! Loose Constructionists: YES!

Nonlegislative Powers 1.  Impeachment 2.  Propose Amendments 3.  Choose a President RARE

Nonlegislative Powers 4.  Give Advise & Consent 5.  Investigate 6. Oversight COMMON

EARMARKS An earmark is a congressional provision that directs appropriated funds to be spent on specific projects or that directs specific exemptions from taxes or mandated fees. AKA as pork barrel spending

PIG BOOK RULES This year’s Congressional Pig Book Summary symbolize the most egregious and blatant examples of pork.  Meet at least one of the seven criteria, but most satisfy at least two: Requested by only one chamber of Congress Not specifically authorized; Not competitively awarded; Not requested by the President; Greatly exceeds the President’s budget request or the previous year’s funding; Not the subject of congressional hearings; or Serves only a local or special interest.

$107,000 to study the sex life of the Japanese quail. $1.2 million to study the breeding habits of the woodchuck. $150,000 to study the Hatfield-McCoy feud. $84,000 to find out why people fall in love. $1 million to study why people don't ride bikes to work. $19 million to examine gas emissions from cow flatulence. $144,000 to see if pigeons follow human economic laws. Funds to study the cause of rudeness on tennis courts and examine smiling patterns in bowling alleys. $219,000 to teach college students how to watch television. $2 million to construct an ancient Hawaiian canoe. $20 million for a demonstration project to build wooden bridges. $160,000 to study if you can hex an opponent by drawing an X on his chest. $800,000 for a restroom on Mt. McKinley. $100,000 to study how to avoid falling spacecraft. $16,000 to study the operation of the komungo, a Korean stringed instrument. $1 million to preserve a sewer in Trenton, NJ, as a historic monument. $6,000 for a document on Worcestershire sauce. $10,000 to study the effect of naval communications on a bull's potency. $100,000 to research soybean-based ink. $1 million for a Seafood Consumer Center. $57,000 spent by the Executive Branch for gold-embossed playing cards on Air Force Two. Total: $ 45,980,000