Unit Four How the Values and Principles Embodied in the Constitution shaped our American Institutions of Government

Unit Four Lesson 21  The Founders considered many models of governance while creating the Constitution. The British Parliament was the closest  The Founders created a 2 house legislature – like the Parliament  But the Constitution differed in 4 very important ways  Representation : Framers believed that Congress should represent all people, not just a specific class. Therefore, they represent different districts.  Separation of Powers : 3 branches that are NOT linked directly. Each has a distinct role in the government and can check the other two  Length of Terms : Regularly scheduled elections. Representatives in the House must stand for election every 2 years. Senators must stand every 6 years  Federalism : Power is divided (and shared) between federal and state governments. Specific powers are delegated to the national government. State legislatures have considerable legislative powers

Powers of Congress  John Locke claimed that the legislature is the most powerful branch because they make the laws. Because the Founders mistrusted abuse of power by the government, they carefully limited that power  Article 1, Section 8 :17 specific powers and the “necessary and proper clause”  Article 1, Section 9: Matters Congress “shall not” legislate  Bill of Rights which limited Congress by listing rights they could not impede upon  4 Categories of Congressional Power  Enumerated Powers  Enumerated Powers : Those expressly written into the Constitution  Implied Powers  Implied Powers : “Necessary and Proper” Clause allows Congress to do things the believe are needed to fulfill their duties  Enforcement Powers  Enforcement Powers : 13 th Amendment first to express a need for Congress to enforce with appropriate legislation. Since then the 14 th, 15 th, 19 th, 23 rd, 24 th & 26 th Amendments have expanded Congress’ powers to enforce  Inherent Powers  Inherent Powers : Powers so innate that they do not need to be stated in words.

Representation in Congress  House of Representatives  Representation is based on population. Each state is guaranteed 1.  Every 10 years, a census is taken and seat are allocated  “One man One vote” principle (each seat represents about 700,000)  Size of House is 435 – set in 1913  5 “Other” elected members (Puerto Rico, DC, American Samoa, Guam, Virgin Isl)  “Gerrymandering” is drawing of district lines for political gain  Theories of Representation  Delegate Theory of Representation – (Anti-Federalist view) mirror the views of their constituents  Trustee Theory of Representation – (Federalists) exercise their own best judgment on matters of public policy  Most representatives say they do both

Current Apportionment

How do members of Congress serve their constituents?  Members must be reelected by their Constituents to continue to serve  Must be perceived as honest, public spirited people committed to enacting good legislation.  Communications and action are essential  Communications – Actively communicate with constituents thru newsletters, media, websites, blogs, town hall meetings, etc.  Casework – Member and their staffs work to help constituents solve problems that have been encountered with the national government. They may also do personal favors for constituents (ie – help get passport)  Serving constituents’ interests and concerns – introducing legislation that will serve their constituents’ interests. They also work to get federal projects located in their district or state. Those who serve their constituents well are more likely to receive their votes at the next election