Chapter 10
The Evolution of Congress
 Congress as the central lawmaking body was a unique invention
– rule by emperors or 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 than House, closer
to President
 6 year elections, represent entire state, stricter qualifications
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 They expected Congress to be the dominant institution but limited by checks
 The “First branch” of American government
 Has the “power of the purse”
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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
Virginia Plan
New Jersey Plan
Connecticut Compromise
The Legislative Compromise
Recall the Great (Connecticut) Compromise creating the
legislative lawmaking branch of government
Congress is a bicameral legislature with:
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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
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Members serve two-year terms.
Representative districts = smaller areas (Hialeah, South Miami, L.C.)
In the Senate, states are equally represented (2 Senators/state)
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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 in the same
manner as Representatives.
Major Functions of Congress
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Representative of the people
Closer to the people and directly elected by the people
(smaller group, inhabitants of area)
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Lawmaking (public policy = law)
Congressional powers defined in Article I, Section 8 (taxes, interstate and foreign
commerce, *elastic clause)
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Consensus building (amongst parties)
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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
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Congress Evolutionary powers (due to elastic clause) –
oversight of the budget ($ and presidential proposals approved by
Congress), investigation and hearings of public officials
Constitutional Differences
House of Representatives
Senate
2 year terms, unlimited
6 year terms, unlimited
435 members (proportional
100 members (equal representation-2
representation) – changes every 10 year per state)  initially elected by state
with census
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
HOUSE OF REPRESENTATIVES
SENATE
MEMBERSHIP
435 members
(apportioned by Congress)
100 members
(two from each state)
TERM OF OFFICE
2 years; entire House elected every 2
years
6 years; staggered terms with 1/3
elected every two years
QUALIFICATIONS
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At least 25 years old
Citizen for 7 years
must live in state where
district is located
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At least 30 years old
citizen for 9 years
must live in State
CONSTITUENCIES
Smaller, by districts
Larger, entire state
PRESTIGE/POWER
Less prestige/power
More prestige/power
IMPEACHMENT
Initiates impeachment proceedings
(impeachment=formal accusation)
Conducts trials of impeached
MONEY BILLS- TAX AND
SPEND/REVENUE
Must start in House
(goes to Ways and Means Committee)
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ORGANIZATION
Very formal, many detailed rules
Less formal, traditions followed
RULES COMMITTEE
Powerful house committee, sets terms of
debate for a bill
(power to kill a bill)
NO RULES COMMITTEE- lack of rules
allows for filibuster to occur
BILL AMENDMENTS
Must be germane (relevant) to the bill
topic
NON germane (relevant) allowedallows for riders or Christmas tree
bills
Voice-most common
Teller
Standing
Roll call-Electronic
Voice vote-most common
Roll call by clerk (non-electronic)
Most work done in committees (very
specialized members), not on the floor
Work split more evenly between
committees and floor (members not
as specialized)
VOTING METHODS
COMMITTEES
“advice and consent” powers…
Approves or rejects treaties and
presidential appointments
SHARED POWER WITH EXECUTIVE
BRANCH
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MEMBERSHIP
Younger members
Older members
WORKING STYLE
Often accused of rash and fickle decisionmaking
Known for taking the time and being
more deliberative and insulated from
popular passions
Who is in Congress?
Typical member = wealthy, well-educated,
white, male (90%), Protestant, middle-aged
(Sen.=60,Rep=55), lawyers (42%)
 Controversial – can this unrepresentative group represent diverse
groups?
The House has become less male and less white
Between 1950 and 2009:
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Women Senators rose from 2 to 17
Women representatives rose from 10 to 76
Black representatives rose from 2 to 40
Black Senators from 0 to 0
Today, 25 Hispanic Reps, 3 Hispanic Senators
Today, 8 Asian Reps, 3 Asian Senators
Membership in Congress became a career, unlike past
Incumbents still have a great electoral advantage
Democratic party largely controlled Congress from 1933-1998
But in 1994, voters opposed incumbents due to budget deficits,
various policies, legislative-executive bickering, and scandal
Blacks, Hispanics, and Women in Congress, 1971-2006
111th Congress: January 3, 2009January 11, 2011
House of Reps breakdown:
258 Democrats (blue)
177 Republicans (red)
Senate Breakdown:
58 Democrats
40 Republicans, 2 Independent