1. Congress
Chapter 11

2. The Evolution of Congress
Congress as the central lawmaking body was a unique
invention – rule by emperors/kings was the common method
The intent of the Framers:
To oppose the concentration of power in a single institution
To balance large and small states and checks and balances
Bicameralism
House = closer/more accountable to the people
2 year elections, smaller districts
Senate = more elite, aristocratic, educated House, closer
to President
6 year elections, represent entire state, stricter qualifications
They expected Congress to be the dominant
institution but limited by checks
The “First branch” of American government
Has the “power of the purse”
BUT checked by president’s veto power (even though Congress Can pass a law even if president vetoes it)
Only legislature that exercises almost independently of executive
Checked by Supreme Court – laws can be deemed unconstitutional

3. Virginia Plan
New Jersey Plan
Connecticut Compromise

4. The Legislative Compromise
Recall the Great (Connecticut) Compromise creating the legislative (lawmaking) branch of government
Congress is a bicameral legislature with:
two coequal houses with substantially equal powers; and
in particular, legislation (laws, policy, public policy) requires the support of a concurrent majority in both houses (51% in both houses)
In the House of Representatives, states have representation proportional to population
Members serve two-year terms.
Representative districts = smaller areas (Hialeah, South Miami, L.C.)
In the Senate, states are equally represented (2 Senators/state)
The size of the Senate =100 members
Senators serve staggered six-year terms.
Senate “districts” = states.
Since ratification of the 17th Amendment (1913), Senators have been popularly elected, in the same manner as Representatives.

5. Major Functions of Congress
Representative of the people
Closer to the people and directly elected by the people
(smaller group, inhabitants of area)
Lawmaking (public policy = law)
Congressional powers defined in Article I, Section 8 (taxes, interstate and foreign commerce, *elastic clause)
Consensus building (amongst parties)
Special, exclusive powers:
House – Revenue bills must originate in the House (though usually happen simultaneously) and impeachment power (officials charged in the house of high crimes)
Senate – Confirms major presidential appointments, makes treaties with foreign nations (along with president), and holds hearings for impeached officials
Congress Evolutionary powers
(due to elastic clause) – oversight of the budget
($ and presidential proposals approved by
Congress), investigation and hearings of public
officials

6. Constitutional Differences
House of Representatives
Senate
2 year terms, unlimited
6 year terms, unlimited
435 members (proportional representation) – changes every 10 year with census
100 members (equal representation-2 per state)  initially elected by state legislatures - considered “Millionaires’ Club;” 17th Amendment (1913) made popular election of Senators
Initiates all “money” bills (taxation and spending)
“Advice and Consent” on president’s appointments and treaties
Initiates impeachment proceedings
Tries impeached officials
25 years old, 7 years a citizen
30 years old, 9 years a citizen

7. Differences continued

8. Election of Representatives
Since 1968, Congress has required states to use single-member districts for the election of their House members
Single Member district –
Majority (over 50%) is not needed to win an election, just a plurality – candidate with the most votes wins
Encourages a two party system
Contrasts to proportional representation system in which

9. Reapportionment of seats in the House of Representatives
The [original] Apportionment Clause:
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
In 1940, Congress permanently set # of reps as 435 seats
Reapportionment:
Apportionment (or reapportionment
done proportionally to the population in the states to prevent unequal representation among different constituencies.
dividing up the # of representatives per states based on population
In April 2011, the Census Bureau will announce
the official apportionment population of each state (based on the census), and the number of House seats each state will have for the coming decade

10. The 1990 and 2000 Apportio nments

11. Congressional Districting
Redistricting =
State legislatures determine how Congressional District boundaries are drawn following each census.
The districting process is highly contested and political and often partisan.
Legislative districting involves two controversial:
Gerrymandering
drawing a district boundary in some bizarre or unusual shape to make it easy for the candidate of one party to win election in that district (to influence outcome of elections)
Malapportionment –
District size:
If districts with unequal populations each elect one representative (with one vote in the legislature), the voting power of individual voters is unequal from district to district.