Legislative Branch

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https://www.youtube.com/watch?v=HuFR5XBYLfU
Government Institutions:
Legislative Branch
Congressional Structure
Congress
Senate
Upper House
House of Representatives
Lower House
President of
Senate
Speaker of House
VP of USA
President Pro Tempore
Majority Leader
Senior Ranking Member
Of the Majority Party
House Minority Leader
100 Senators
2 from each State
Serves for 6 Years
435 Representatives
(+6 nonvoting delegates)
Elected by Population
Serves for 2 years
Capitol
Tidbits
•
•
•
•
Site chosen in 1791; British burned in 1814
300 feet to top of statue
Freedom Statue is 19’ 6”
Capitol sits on 3.5 acres; 168 acres around it are designated to the
capitol
• Diameter of Rotunda is 95’ (whisper heard across the room)
• Original rule was that nothing could be higher than Freedom
Statue; exception made for Washington monument
House of
Representatives
• Must be 25 years of age (when seated, not when elected).
• Must have been a citizen of the United States for 7 years.
• Must be an inhabitant of the state from which elected. (NOTE:
custom, but not the Constitution, requires that a representative
live in the district that he or she represents.)
• Serve a two year term.
https://www.youtube.com/watc
h?v=P6LWHFVzjKY
Senate
https://www.yo
utube.com/watc
h?v=Xj4aMGlf
6bA
• Must be 30 years of age (when seated, not when
elected).
• Must have been a citizen of the United States for 9
years.
• Must be an inhabitant of the state from which elected.
• Serve a six year term; 1/3 up for re-election at a time
Major Differences Between the
Houses of Congress
The House
435 members serving two-year terms
Based on population
Speaker refers bills to committee
Committees almost always consider
legislation first
Rules Committee powerful; controls
time of debate, admissibility of
amendments
The Senate
100 members serving rotating six-year
terms
Equal number of members per state
Committee consideration easily
bypassed
Rules Committee weak; few limits on
debate or amendments
Debate usually limited to one hour
Unlimited debate unless shortened by
unanimous consent or by invoking
cloture
Non-germane amendments may not be
introduced from floor
Non-germane amendments may be
introduced (riders).
Revenue bills, impeachment
Confirm nominations, ratify treaties,
impeachment trials
Differences between the House and the Senate
House
Senate
•Larger - 435 members
•Shorter term - 2 years
•Four calendars (Union, House, Private, and Discharge)
•Smaller - 100 members
•Longer term - 6 years
•Two calendars (Legislative and Executive)
•Less procedural flexibility / more restraints
•More procedural flexibility / fewer restraints
•Stronger Leadership - power less evenly distributed
•Weaker Leadership - power more evenly distributed
•Role of Rules Committee and special rules to govern
floor consideration
•Unanimous consent and complex unanimous consent time
agreements to govern floor consideration
•Scheduling by Speaker and majority-party leadership, with limited
consultation among members
•Scheduling by majority-party leadership, with broad
consultation among all members
•Germaneness of amendments generally required
•Germaneness of amendments rarely required
•Presiding officer has considerable discretion in recognition; rulings
rarely challenged
•Presiding officer has little discretion in recognition; rulings
frequently challenged
•Debate always restricted
•Debate-ending motions by majority vote (218 representatives)
•Debate rarely restricted
•Cloture invoked by three-fifths vote (60 senators)
•Quorum calls permitted in connection with record votes
•Narrower constituency - House District
•Quorum calls permitted almost any time and used for
constructive delay
•Larger constituency - entire state
•Elections generally less competitive
•Elections generally more competitive
•Specialists
•Less reliant on staff
•Less media coverage
•More partisan
•Salary:
2009: $174,000 2008: $169,300
2006 and 2007: $165,200 (2005: $162,100)
•Generalists
•More reliant on staff
•More media coverage
•Less partisan
•Salary:
2009: $174,000 2008: $169,300
2006 and 2007: $165,200 (2005: $162,100)
Congressional Districts
●There
are 435 seats in the US House of
Representatives (#capped by federal law). Each
US house member today represents approximately
650,000 constituents.
Determining Representatives
• Census Every 10 years to determine population
• Reapportion – Divide seats between states
(Congress does this)
Constitution – 1 rep per 30,000 citizens
1929 Reapportionment Act passed
1990 – 1 rep = 576,000
2009 – 1 rep = 709,000
10,280 = members in House if original numbers used
Determining Representatives
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•
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Census Every 10 years to determine population
Reapportion – Divide between states (Congress)
Redistrict within the states (state legislature)
Gerrymander state legislators drawing district
lines based on some characteristic other than just
population (can often be declared illegal)
– Bans exist on discriminatory gerrymandering
– Bans on misrepresentation in district
• http://www.youtube.com/watch?v=RUCnb5_
HZc0
Baker v. Carr (1962)
the “equal protection clause” has been
interpreted to mean that districts must be
equal in size. Known as the one man, one
vote ruling.
Westbury v. Sanders (1964)
requires that Congressional districts be
“compact and contiguous”.
Results:
Oddly shaped districts
Safe seats resulting in a more “partisan” Congress
•
•
Original Gerrymander
Let’s play “The Redistricting Game”
• http://www.redistrictinggame.org/
Redistricting Resources
2012 Redistricting:
●http://www.nytimes.com/interactive/2010/12/
21/us/census-districts.html
Illinois Redistricting:
●http://illinoisreview.typepad.com/illinoisrevie
w/2011/05/congressional-redistricting-cutsdupage-co-into-six-cds.html
CNN Gerry Rigged:
●http://www.cnn.com/2011/11/18/politics/gerr
ymandering/index.html
Terms and Sessions
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Congressional Term for 2 yrs
Session- 2 sessions Jan 3rd – Dec., Jan - July 31st
Work day: Tuesday, Wednesday, Thursday.
Working time: Noon to 5 – 6 o’clock.
Recess = temporary break
Special Session= Outside of regular hours
Joint Session= Both House and Senate
“State of the Union” Called by president
Congressional
Leadership
Leadership in the
House of Representatives
SPEAKER OF THE HOUSE
Selected by the majority party
Job:
Presiding Officer of
the House
Power:
Decides which
committee a bill
goes to.
John Boehner
R – Ohio
Leadership in the
House of Representatives
SPEAKER OF THE HOUSE
Selected by the majority party
Majority Leader
Leads the Republican party
Job: Support legislation for
party and get it passed
Minority Leader
Leads the Democratic party
Job: Leads Opposition to
control the majority party
Kevin McCarthy
R – CA
Nancy Pelosi
D – California
https://www.
youtube.com
/watch?v=r
VndiPiu7_c
Leadership in the
House of Representatives
https://www.yo
utube.com/watc
h?v=Axr7apxO
j9w
SPEAKER OF THE HOUSE
Selected by the majority party
Majority Leader
Majority Whip
Job:Assists the
leader, rounds up
votes, heads large
group of deputy
and assistant
whips.
Steve Scalise
R – LA
Minority Leader
Minority
Whip
Job: Assists the
leader, rounds
up votes, heads
large group of
deputy and
Steny Hoyer
D - Maryland
assistant whips.
Georgia’s Representation
• Georgia currently has
14 congressional
districts.
• Kell’s current
congressional district
is the 6th represented
by:
Congressman
Tom Price
Georgia Delegation
Buddy Carter (1), Sanford Bishop, Lynn Westmoreland,
Hank Johnson, John Lewis (5), Tom Price
Rob Woodall, Austin Scott, Doug Collins, Jody Hice (10),
Barry Loudermilk, Rick Allen (12), David Scott, Tom Graves
Leadership in the
United States Senate
Leadership in the
United States Senate
PRESIDENT OF THE SENATE
The Vice President of the United States
Vice President
Joseph Biden
Job:
President of the Senate
Power:
Breaks tie in legislation.
Otherwise does not
vote.
Leadership in the
United States Senate
PRESIDENT OF THE SENATE
The Vice President of the United States
PRESIDENT PRO TEMPORE
Selected by majority party. Usually
most senior member of the Senate
majority party
Job:
Presides over the
Senate when the
Vice President is
absent.
Senator Orrin Hatch
R - Utah
Leadership in the
United States Senate
Majority Leader
Minority Leader
Leads the Republican party
Job: Guides legislation
Leads the Democratic party
Job: Leads Opposition
Mitch McConnell
Harry Reid
R - Kentucky
D - Nevada
Georgia’s Representation
Senator
Senator
Johnny Isakson
David Perdue
AND
Other House & Senate Positions
• Clerk of House does administrative duties.
• Parliamentarian keeps rule on debate.
• Chaplain prays before debate.
• Sergeant at Arms keep order.
• Official Reporters writes every single word in meeting.
• Post Master sees that everything is distributed.
Make up of Congress
Women in the US House What trends do you see and why has this
trend occurred?
http://pressgallery.house.gov/me
mber-data/demographics
The 114th Congress
Congressional Rules and
Benefits
Congressional Expectations
• Loyalty to chamber
• Civility
• Seniority – the most senior members get
more choice of assignments
• Specialization - become an expert in area
• Reciprocity (aka logrolling)-support for
each others bill.
Theories on Congressional
Representation
• Delegate
– Follows advice & instruction of constituents
• Trustee
– Counts on trust of constituents based on their
vote of confidence
• Politico
– Mix of what works politically (delegate
sometimes, trustee sometimes)
Privileges and Penalties
• Congressional Immunity
• Freedom of Expression in Congressional
Records
• Expel Members with 2/3 vote
• Codes of Ethics
Compensation and Benefits
• Salaries - $174,000 per year
– Speaker $212,100
Leaders $183,500
• Some outside income allowed
• Fringe Benefits (Perks)
• Offices
• Expense Accounts
• Stationary and Postage (Franking privilege)
Compensation and Benefits
• Computer service
• TV and radio broadcast
• Travel expense
• Foreign Trips
• Pension Plan and Retirement Income.
• Incumbency = helps in re-election
Congressional Powers
Sovereign Powers
♦ Provide for common defense
♦ Make rules on citizenship
♦ Run Armed Services
♦ Declare War
♦ Over Washington D.C.
Financial Powers
♦ Raise Money
♦ Regulate Trade
♦ Duties – taxes on imports
♦ Excises – taxes on particular
goods
♦ Spend Money
http://www.usdebtclock.org/
Commerce Powers
♦ Coin and set standards on money
♦ Post Office
♦ Copy Rights and Patents
Power of the Courts
♦Establish Federal Courts
♦Set number of Supreme Court Justices
Non Legislative Powers
♦
Advise and Consent (approval of items)
♦
Presidential Appointments
(V.P., Justices, and Cabinet)
♦
♦
Senatorial courtesy: process by which presidents, when selecting
district court judges, defer to the senator in whose state the vacancy
occurs
Formal Agreements with Foreign Nations
(Treaties)
♦
Impeachment (Majority in House)
♦
Convict and Remove Federal Officials
(2/3 vote in Senate)
Non Legislative
Congressional Powers
♦
Admit New States to the Union
♦
Amend the Constitution
♦
Count Electoral Votes
♦
♦
If no majority: -the House will elect the Pres.
-the Senate will elect the V.P.
Serve as a Gov. “Watchdog” – Congressional
committees can hold hearings and investigations, call witnesses,
and make recommendations.
Legislative Powers
• Making a bill into law….
• Watch “I’m Just a Bill”…
– https://www.youtube.com/watch?v=FFroMQlK
iag
• The parody…
– https://www.youtube.com/watch?v=hKhXxvT9
iak
– https://www.youtube.com/watch?v=uf2q66G3l
mM
• See other power point…
Committees
Committee Chairpersons
• They decide….
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When their committees will meet
Which bills they will consider
Whether they will hold public hearings
What witnesses to call
• Seniority Rule
– Unwritten custom, most important posts are awarded
according to length of service.
– Criticisms of Seniority Rule – what do you think?
– Defenders of Seniority Rule – ditto?
Standing Committees
• Permanent groups to which all similar bills are
sent.
• 19 in the House, 17 in the Senate
– House members can only serve on one, and Senate
members can serve on two.
• The Speaker of the House or the President of the
Senate is responsible for assigning bills to the
appropriate standing committees.
The House Rules
Committee
• The “Traffic Cop” in the House.
• This committee manages the flow of bills
for action by the full House by scheduling
their consideration.
• Why is there not one in the Senate?
– Who does it then?
Select Committees
• Special groups set up for specific purposes
and for a limited period
– Members are appointed by the Speaker or the
president of the Senate.
• Usually formed to conduct especially
important investigations,
– Ex: The Senate Watergate Committee of 1973.
Joint Committees
• Composed of members from both houses.
– Appropriations, Budget, Judiciary, Small
Business, Veteran’s Affairs.
• Usually permanent groups that serve on a
regular basis.
– So, joint committees are usually standing.
Conference
Committees
• Before a bill is sent to the President, it must be
passed in identical form by each house.
– Do you think they’ll pass the exact same bill each time
verbatim???
• Conference Committees are created to iron out the
differences on the bills.
• Must produce a compromise bill both houses will
accept.
The Legislative Process
Impact of Bicameralism
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House
Speaker of the House
Rules Committee
Majority/minority
leaders
Whip
Rules Committee
Ways and Means
Open/Closed Rule
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Senate
Majority/minority
Leaders
President Pro
Tempore
Whip
Filibuster
Rider (aka Pork
Barrel)
More
polarized
Congress
Fewer Moderates in House
http://www.c
bsnews.com
/video/watch
/?id=739350
0n&tag=mnc
ol;lst;2
Eric Cantor
House Maj.
Leader
Pork Barrel Legislation
Unit IV
Pork Barrel Projects –
the “bridge to nowhere”
This bridge in Alaska was paid for via an earmark.
●Why does this anger Americans?
●Why do Senators use this method of securing
funding?
●
Proceed only if
time allows…
The Healthcare Bill of 2009
Key Terms
Health insurance –
a private plan that individuals/businesses pay into that
guarantees medical care.
Medicarea government run health insurance plan for the retired/elderly.
MedicaidA government run health insurance program for the poor/disabled
(paid to states in the form of a block grant.
single payer systemHealth insurance provided by the government – this is not used in
the United States but is used in many developed countries.
What problems with health care
prompted Congress/President to
act?
Uninsured in USA = 40+ million.
●Medicaid covers the poor, many who work are
too rich to qualify for Medicaid but their jobs
don’t provide insurance.
●Rising health care costs.
●Bankruptcies.
●No law to prevent an insurance company from
dropping a client.
●No law to prevent an insurance company from
denying an individual coverage based on a
“preexisting condition”.
●
Problems with health care in U.S.A.
A comparison of health Spending as a
percentage of GDP.
Per capita spending on Health
Care
Public Spending on Health Care
Let’s learn about the new law
& how it passed.
President Obama
outlined his goals
before a joint session of
Congress in Sept. 2009.
●His plan was proposed
to a Democratic
controlled Congress.
●Clinton had proposed a
single payer system to a
Democratic Congress in
92 but the plan failed.
●
Let’s learn about the new law
& how it passed.
Obamacare links on YouTube
Part 1: President’s Speech/news clips
http://www.youtube.com/watch?feature=player_embedded&v=2U18
4wRN6Pw
Part 2: House Debate/news clips
http://www.youtube.com/watch?v=_ljfkgKzYL4&feature=relmfu
Part 3: Senate Debate/news clips
http://www.youtube.com/watch?v=iyxdofZjHcw&feature=relmfu
Health Care Bill chronology
House passes Bill / Senate passes Bill with 60 votes
●Bill goes to conference committee
●Senator Brown (R) is elected to fill Sen Kennedy’s
place. Senate has lost it’s filibuster proof majority as
Brown promises to vote against the health care bill
●House votes on Senate version of the bill (not the bill
that comes out of the conference committee. This bill
is not as strong on forbidding abortion and has no
public option)
●Obama/Pelosi lobby progressive caucus to vote in
favor of Senate bill, Obama promises blue dog
democrats to sign executive order forbidding abortion
●House passes Senate version of bill, passes changes
to bill via “reconciliation” which only require 51 votes
●
House & Senate Versions of the
Bill
House Version
●Expands Medicaid
●Insurance Mandate
●New rules for
insurance
●Strict Language
banning abortion
funding
●Public option Insurance
Program
Senate Version
●Expands Medicaid
●Insurance Mandate
●New rules for
insurance
The Health Care Bill that
passed
Extends coverage to 96% of Americans by 2014
●Increase in taxes on families making $250,000/yr
●Requires more employers to provide health ins.
●Raises eligibility for Medicaid/provides subsidies to
buy insurance for low income
●Mandates middle income purchase Health Insurance
●Establishes state run insurance exchange program
(which can not cover abortion)
●Bans discrimination based on preexisting
conditions/forbids dropping the sick
●Kids can stay on parents health insurance until age
26
●
How would you vote?
Attacks from the right:
http://graney.topcities.com/10healthrally.htm
Attacks from the left:
http://www.thedailyshow.com/fullepisodes/wed-october-27-2010-barackobama
If your answer is yes, would you change your mind if you
were representing a conservative district with many families
making over $250,00/year? Or a district with many
residents who would be subjected to the insurance
mandate?
●
Affordable Health Care for America Act
National Federation of Independent Business v. Sebelius
(2012)
Attorneys General argued congress exceeded its
power under the Commerce Clause when enacting
the insurance mandate
●Obama administration argued the bill falls within the
scope of federal power due to the necessary and
proper clause and the power to tax.
http://topics.nytimes.com/top/reference/timestopics/organiz
ations/s/supreme_court/affordable_care_act/index.html
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