1. The Legislative Branch
Section 1 Notes

2. I. Representative Democracy (Republic)
Big Picture: Congress is in charge of the most basic function in a democracy, translating the public will into public Policy by passing laws
Article I Section I: “All Legislative Power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

3. I. Representative Democracy (Republic)
Bicameral Legislature: Two houses…Why???
It is a reflection of the principle of Federalism
Senate = Equal representation from each state
House of Reps = representation based on Population
The framers favored this so one house could act as a “check” on the other

4. II. Terms of Congress
115th Congress begins January 3, 2017 and ends January 3, 2019
Each term lasts for 2 years
“Noon the 3rd day of January.” – Beginning and ending date.

5. III. Sessions of Congress
Session: The period of time during the year in which Congress meets and conducts its business
There are TWO sessions to each term of Congress (one per year)
They remain in session throughout most of the year (Usually several short Recesses or breaks in a session)
The President may call a Special Session of Congress to deal with some emergency situation
Only 27 have ever been called (46 times Senate only); most recent in 1948 – Civil Rights, Social Security
Sometimes the President uses this as a Threat to force both houses to come to an agreement on an issue (Obama – Healthcare)

6. V. The House Size and Terms
435 Members – Total number of seats Apportioned (distributed) based on the Population of each state
Each state has at least 1 representative
Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming
Members elected for 2 years
No Term Limits
Pros/Cons:
More seniority usually means more influence on public policies and funds for projects/jobs for his/her’s district (Pro)
Good politicians can’t stay in office – many more inexperienced politicians; much harder to get things done (Con)

7. State Representative Districts

8. V. The House Qualifications At least 25 years of age
Citizen of the US for 7 years
Must be an Inhabitant of the state elected in
House may refuse to seat an elected member by Majority Vote
Brigham Roberts of Utah was a polygamist
From 1869 to 1900, the House of Representatives refused to seat over 30 Southern Democratic candidates declared the winner by their states because the House Elections Committee concluded that fraud, violence, or intimidation had been used against black voters.
House may expel a member with a 2/3 vote

9. V. Expelled Representatives
Year
Representative
Party
State
Details
1861
Clark, John B.
Democratic
Missouri
Disloyalty to the Union; taking up arms against the United States.
Reid, John W.
Burnett, Henry C.
Kentucky
1980
Myers, Michael J.
Pennsylvania
Convicted of bribery in the Abscam scandal.(American Hustle)
2002
Traficant, James
Ohio
Convicted on ten counts that included bribery, obstruction of justice, and racketeering.

10. IV. The House Reapportionment: Redrawing of district lines
Seats are reapportioned after the Census every ten years (We used to be district 7…now we are district 10)
Reapportionment Act 1929:
Permanent size of the House = 435
Ohio is made up of 16 districts (16 representatives)
Each House seat represents about 600, ,000 people
After each Census, seats in states may grow, shrink, or stay the same based on Population (Ohio has lost representation)

11. Districts Prior to 2010 Census

12. Look at Districts

14. IV. The House Congressional Elections Done every 2 years
Off-Year Elections (mid-term) are the elections that take place in non-presidential voting years. (2002, 2006, 2010)
The party in power often Loses Seats in off -year elections. (2010 and 2014 were no exception)

15. IV. The House
There are 435 different congressional districts. State legislators are responsible for drawing the congressional districts within a state
Two Rules
 It must be all one piece
“as nearly as practicable an equal number of Inhabitants.” ***Representative must live in the district

16. IV. The house
Gerrymandering: drawing the district lines to suit the advantage of the political party that controls the State’s legislature. 
The word was created in reaction to a redrawing of Massachusetts state senate election districts under the then-governor Elbridge Gerry
When mapped, one of the contorted districts in the Boston area was said to resemble the shape of a Salamander.
Very common…it is found in most places where lines are drawn for the election of Public Office Holders (cities, counties, school districts, and elsewhere).

17. Massachusetts Districts, 1812

18. Some defy Description…

19. IV. The house The lines are drawn either to….
To concentrate the opposition’s voters in one or a few districts, thus leaving the other districts Comfortably Safe for the controlling party (PACKING).
To spread the opposition as THINLY AS POSSIBLE among several districts limiting the oppositions ability to win anywhere in the region (CRACKING).
GOAL of Gerrymandering…to create as many Safe Districts as possible for the party in power

20. IV. The house
Wesbury vs. Sanders (1964) – Limitations to Gerrymandering
Ruled that districts should be as equal in population as possible
Gerrymandering became more difficult but still possible
Race could be a factor but not THE determining factor (Hunt vs. Cromartie)

21. V. Senate Often referred to as the “Upper House”
2 Senators from each state; 100 Total
Elected for 6 year terms – No term limits
Longer terms because the Framers wanted them to be “more Enlightened, and responsible” would not be swayed by “whims, passions of the moment.”
Represent Larger groups of people (except in 7 cases)
17th Amendment: Now allows voters to directly elect/vote senators (elected by state legislatures prior to)
Robert Byrd, 51 Years

22. V. Senate Terms are Staggered - 1/3rd of them expiring every two years
It is a Continuous Body: all of its seats are never up for re-election at the same time (Portman ’16, Brown ’18)
More Job Security: makes them less subject to the pleasures of public opinion and less susceptible to the pleas of Special Interests
Have larger Constituencies (people they represent): focused more on the big picture of the state rather than isolated areas or special interests
More likely to be regarded as national Political Leaders
Many Presidents came from the Senate
They have more Clout than House members and are covered more in the media

23. V. Senate Qualifications 30 years of age Citizen for 9 years
Must Reside in the State he/she represents
Vice President is the presiding officer and votes to Break Ties
However, the President Pro Tempore of the Senate presides in the VP’s absence

24. V. Senate Senators may Exclude a member by Popular Vote (7 total)
Punish members for “Disorderly Behavior” by majority vote
Expel a member by a 2/3 vote (15 in 1862 for supporting the Confederacy)
Many Resign before they are expelled
9 have been Censured: formal condemnation of actions by his/her’s fellow members; Must give up any committee chairs he/she holds but get to keep seat in Congress
Bob Packwood: Charged with sexual misconduct
and abuse of power

25. VI. Key differences between Senate & House
House is considered more reflective of the People. Senate more reflective of the State
Senate is considered to be more Prestigious because of its longer terms, smaller size, and statewide representation - like a club.