1. Congress
Kernell and Jacobson

2. Congress and the Constitution
Congress in the Constitution
Product of Great Compromise
Bicameralism: (two houses)
Upper House (Senate): each state two members,
selected by state legs (until 17 th amendment, 1913),
three classes, (one third of the Senate is chosen every
two years).
Lower House (House of Rep): based on population, selected by the people (435 total, capped in (Apportionment Act)).*
* Article I, Section 2: “The number of representatives shall not exceed one for every
thirty thousand, but each state shall have at least one representative…” (2017: One rep for every 733,103 people [318,900,000/435]).

3. Congress and the Constitution
Lower House (House of Rep): based on population, selected by the people (435 total, capped in 1929 (Apportionment Act)).* *Article I, Section 2: “The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative…” (2017: One rep for every 733,103 people [318,900,000/435]). ** Article I, Section 2: Three-Fifths Clause: Slaves were counted as “three-fifths” of a person for the purposes of determining population-based representation in the House of Representatives. This was superseded by Section 2 of the 14th Amendment (1868), which reads "representatives shall be apportioned ... counting the whole number of persons in each State, excluding Indians not taxed.”)

4. Upper and Lower House
House 435 Members (capped in 1929) Each serve for two years Elected directly by the people Need to be 25 Citizen for seven years Must live in the State where they are elected Senate (more seasoned branch, will watch over House) 100 Members Members elected for six years Elected by state legislatures Need to be 30 Citizen for nine years Madison: Federalist 62: Senate will calm passions of lower house.

5. Powers of Congress
Powers of Congress Congress has broad powers: (Article I, Section 8) Examples: Power to tax, declare war, coin and borrow money Also, necessary and proper clause (elastic clause).

6. Congress and the Constitution
Congress and the Constitution Article I, Section 8: Congressional Powers The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;

7. Congress and the Constitution
Congress and the Constitution Article I, Section 8: Congressional Powers To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

8. Congress and the Constitution
Congress and the Constitution Article I, Section 8: Congressional Powers To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; Necessary and Proper (Elastic) Clause: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers…

9. Distinct Powers: House and Senate
Levy Taxes (Art I, Sect 7, Origination Clause)
Spending Bills (Money Bills)
Ratify Treaties
Confirm Cabinet Positions
Confirm Supreme Court Justices

10. Sponsor Speaker/Pres Off
Any Member
Sponsor
Speaker/Pres Off
Relevant Comm
Moved
Hearing
Kill
Pass
Approp/Ways & Means
No Action
Adverse
Pass
Pull
Majority vote
Discharge
Floor
Floor
Floor
Wright, Chapter 3: Vermont Legislature

11. Sponsor Speaker/Pres Off
Any Member
Sponsor
Speaker/Pres Off
Relevant Comm
Hearing
Moved
Pass
Kill
Ways & Means
Rules
Steer/Policy
Study
Kill
Pass
Adverse
Calendar
Pass
No Action
Floor
Floor
Floor
Massachusetts Legislature

12. Senate Floor Procedures: Right of First Recognition
To bring legislation to the floor, the majority leader can either:
1) Move that a bill be taken off the calendar and considered
2) Ask for a Unanimous Consent Agreement (UCA) …

13. Majority Leader/Presiding Officer
Senate
Floor Procedures: Right of First Recognition
Majority Leader/Presiding Officer
Move Off Calendar
UCA
Floor

14. Senate Filibuster and Cloture Vote
Consideration of a bill is subject to extended debate, which can only be stopped by a cloture vote, which requires a supermajority of 60 votes. Such an action, which mostly destroys the legislation under consideration is a filibuster.
Cloture Process:
Rule 22: Starts with a petition of at least 16 Senators
Cloture Motion is Read
Set Aside for Two Days
Roll Call Taken (No Debate allowed)
3/5 Vote of sworn members vote in favor: Cloture is Invoked
Result: Debate limited to 30 Hours, No Senator gets more than One Hour to speak, but is guaranteed 10 minutes if they have not spoken at the moment when 30 hours expires.

15. Senate Filibuster and Cloture Vote
Consideration of a bill is subject to extended debate, which can only be stopped by a cloture vote, which requires a supermajority of 60 votes. Such an action, which mostly destroys the legislation under consideration is a filibuster.
Conduct of a Filibuster:
Germaneness: For the first three hours of Senate business, debate must be related to the question or issue being discussed. After that, there is no such requirement.
The Senator must Remaining Standing
The Senator must Speak Continuously
The Senator cannot Yield the Floor to other Senators (unless they are Yielding for a question, but they still must remain standing).

16. Majority Leader/Presiding Officer
Senate
Majority Leader/Presiding Officer
Move Off Calendar
UCA
Filibuster (extended Debate)
Cloture Vote:
Fail
60 Votes Supermajority
Pass
No Action
Floor

17. Senate (Nuclear Option)
Majority Leader/Presiding Officer
Move Off Calendar
UCA
Nuclear Option:
In 2013, the Democratic leadership in the Senate voted(by a simple majority) to change Senate rules to make a simple majority vote (51 Senators) sufficient to end a filibuster.
Filibuster (extended Debate)
Cloture Vote:
Fail
Pass
51 Votes majority
No Action
Floor

18. Congressional Districts
Congressional Districts 1) Single member districts (first past the post, winner- take-all) 2) State Congressional Delegations: determined every ten years by census.

19. Congressional Districts
Congressional Districts: Shifting from East to West as Population Shifts
Mass:
1950: 14
2000: 10 -4
Penn:
1950: 30
2000: 19
-11
Texas:
1950: 22
2000: 32
+10
Arizona:
1950: 2
2000: 8 +6