1. THE US CONGRESS Chapters 10 & 12

2. 10.1 - Congress  Bicameral – two houses or parts  House of Representatives & the Senate  Reasons why…  Historical: British Parliament  Practical: settled by the Great Compromise Gave equal voice AND population reflection  Theoretical: check on the system – “diffuse” the power or situation

3. Terms vs. Sessions  Term – lasts two years & numbered consecutively since 1 st Congress of 1789-1791  Originally March 4 th – 20 th Amendment  Jan 3 rd  Today = 113 th Congress  Session – time when they assemble & conduct business = one per year of the term  Convenes – when they begin work in a session  Adjourns – suspends work during a session  Recess – short breaks during a session  Special Session – called by President – emergency  27 in history – Truman’s in 1948 last one

4. 10.2 - House of Representatives  Qualifications: at least 25 years old, live in the state, citizen at least 7 years  Usually also live in district representing & know the issues there  House controls its own rules on elections, qualifications & expulsions  has not challenged any member-elect since Powell v. McCormack, 1969  Only expelled 5 members; “reprimanded” others  Informal qualifications sometimes factor in

5. H of R - Terms  All 435 members serve two year terms  Short terms designed to make them more accountable to “we the people” at home  Elections are in even numbered years  # of seats is based on apportionment  Districts are to be roughly same size in population  Today almost 700,000 people per district  No term limits

6. Reapportionment  US Census every 10 years since 1790  Population shifts result in reapportionment of seats  Grew fairly consistently from 65 in 1789 to 435 after 1910 census  Reapportionment Act of 1929 – set 435 as permanent number of Reps  Census Bureau determines # of Reps per state

7. Congressional Elections  First Tues after the 1 st Mon in Nov of even # years  Must use a voting machine or ballot  Off-year elections – the years w/out Presidential election Note: party of the President usually loses seats Not in 2002 after 9/11  435 Congressional Districts in US  Single-member districts Some states had tried at-large elections – didn’t work (1842)  States establish a district’s boundaries, but must be contiguous territory, equal #s, & compact in size

8. Gerrymandering  Named for Mass Gov. Elbridge Gerry in 1812  Drew district boundary lines to favor his party  Gerrymandering – drawn to the advantage of the political party that controls the state legislature  Widespread today, even to local elections  2 purposes – 1 – concentrate the opposition in as few districts as possible – “packing” 2 – spread the opposition as thinly as possible – “cracking” Sometimes “kidnapping” – redraw lines to move an incumbent into a district less likely to be reelected  Result today: most districts are considered “safe”

9. Court cases have impacted…  Wesberry v. Sanders, 1964  “one person, one vote” principle, caused dramatic shift away from rural overrepresentation  Gomillion v. Lightfoot, 1960  Gerrymandering based solely on race violates 15 th Amendment  Davis v. Bandemer, 2003  Reinforced that state may redraw boundaries when party in control wants to seize an advantage

10. 10.3 - Senate  Qualifications: at least 30 years old, live in state, 9 years a citizen  Senate also controls its own rules on elections, qualification, expulsions, etc.  But to expel a member needs 2/3s vote – total 15  Similar informal qualifications considered  Especially political experience as Senate is viewed as the “upper House” of Congress  Two Senators per state

11. Senate Term & Election  6 year term, 1/3 up for election every other year  Continuous body as all of its seats are never up for election at the same time  length is to give them time to study the law & be less pressured by special interests or passions in the moment  Originally Senators chosen by state legislatures  17 th Amendment, 1913 – direct elections  These are at-large elections

12. 10.4 - Personal & Political Background  Most are white men in their 50s  Growing #s of women, minorities  Most are married with kids and have a religious affiliation  Most are lawyers &/or have advanced degrees  Most are born in the states they represent  Most have political experience  Most are upper-middle class  **is NOT an accurate cross section of American society

13. Representatives of the People  Lawmakers can represent the people as they vote… 1. Delegates – discover “what the folks back home” think about an issue & vote that way – can counter own opinion 2. Trustees – call issues as they see it using their own conscience & judgment – can ignore constituents 3. Partisans – owe allegiance to their political party – considered the leading factor in influencing voting 4. Politicos – try to combine all three and balance conflicting roles

14. Committee Members  Members serve on various committees – “experts” on certain issues  When bills are proposed, committees screen or preview the bills  Decide if the bill will go on to floor consideration  Appropriation – provide $ to enforce laws  Oversight function – committees check to make sure the executive branch agencies are carrying out the laws

15. Compensation  Salary - $174,000 year  Speaker - $223,500; VP – $227,300; floor leaders - $193,400  “fringe benefits” – special tax deduction for 2 residences  Travel allowances, life & health insurances, pension plan plus Social Security & Medicare  Offices – given one in DC, allowance for ones at home  Franking privilege – signature in place of stamps  Restaurants & gym, parking in DC & at airport

16. Politics of Pay  Voter backlash – fear of election day fallout over compensation or improper use of “perks”  Presidential veto of a pay raise  27 th Amendment, 1992 – must have a Congressional election before a pay raise can take effect  Membership Privileges – protections from court for attendance & speeches  To encourage vigorous debates on issues  Does not allow for personal attacks

17. Ch. 11 - Expressed Powers of Congress  Create & collect taxes, coin & borrow money  16 th Amendment, 1913 = income tax  Regulate interstate & foreign trade  Gibbons v. Ogden, 1824 – further defined interstate  Bankruptcy & Immigration - naturalization  Declare war  Establish courts, military  Copyrights, patents, weights & measures, post offices  Conduct process of impeachment  Senate ratifies treaties & confirms appointments

18. 12.1 - Opening Day in the House  The Clerk of the House from preceding term presides until a Speaker is elected  Calls order, does roll call  Members then pick the Speaker of the House  Speaker takes Oath of Office from Dean of the House  Speaker then gives Oath to rest of the House  Clerk, parliamentarian, sergeant at arms, chief administrative officer & chaplain elected  Adopts Rules of the House  Members appointed to the 20 permanent committees

19. Opening Day in the Senate  There is no large organizational session  Continuous body  Newly elected & reelected members take the Oath of Office  Fill vacancies in Senate leadership and on committees  When Senate is told the House is organized, they send a message to the President – they have a quorum & are ready to hear from him  Few weeks later – State of the Union message is given to a joint session of Congress, in person since 1913

20. Presiding Officers - House  Speaker of the House  Most powerful in Congress, acknowledged leader of majority party, also 3 rd in line to presidency  Primary roles – to preside & keep order  Majority Leader  Majority Whip  Minority Leader  Minority Whip

21. Presiding Officers - Senate  Vice President = President of the Senate  Named by Constitution  Can preside & keep order, only votes when a tie  President pro tempore  Served in VP’s absence, longest serving of majority party  4 th in line to presidency  Majority Leader  Majority Whip  Minority Leader  Minority Whip

22. Party Officers - both  Party caucus – closed meeting of that party  Policy committee – executive body of each caucus  Other caucuses deal with particular issues  Can belong to more than one caucus  Floor Leaders – also picked by the party  Legislative strategists that steer floor action to benefit the party  Committee Chairmen – head the standing committees  All impacted by seniority rule – unwritten custom

23. 12.2 - Committees in Congress  Standing Committees – permanent  20 in House, 16 in Senate – see charts pgs 340-341  Subcommittees – standing committees divided into smaller groups to deal with more specific topics  Crime & drugs, Immigration, Consumer Rights Almost 70 in Senate, 99 in House  Select Committees – investigative groups that are temporary in order to deal with special issues  Indian Affairs, Presidential Campaign Activities, Covert Arms Transactions

24. Committees con’t…  Joint Committees – made up of members of both House & Senate to advise Congress on a particular area  Most are permanent & serve on a regular basis Joint Committee on the Library  Conference Committees – also both House & Senate members in order to work out a compromise between House & Senate versions of a bill before it goes to the President  Temporary, joint group

25. Committee Assignments  Choose to serve on a particular committee… 1. To benefit their district or state 2. To influence national policy 3. Because of their personal interest or background  Once named to a committee, they may stay on it as long as they wish  Eventually, members with seniority may become the committee chair  Committee chairs are always from the majority party

26. 12.3 & 4 - How a bill becomes a law  In the House – see handout  In the Senate – see other handout  Final step – to the President 1. Sign the bill  becomes law 2. Veto the bill  rejects it & returns it to the part of Congress where it originated – usually with a veto message 3. Can become a law without signing it in 10 days (not counting Sat & Sun) 4. Pocket veto  if Congress adjourns during the 10 days, president can ignore it and the bill dies