• • C H A P T E R 10 SECTION 1 SECTION 2 SECTION 3 SECTION 4 The National Legislature The House of Representatives The Senate The Members of Congress Chapter 10 Article I of the Constitution establishes a bicameral (two-house) Congress. Congress is a bicameral body primarily because the Framers: • (1) Historical--were familiar with British, colonial, and early State practices • (2) Practical--agreed to the Connecticut Compromise at the Philadelphia Convention • (3) Theoretical--hoped that one house would act as a check on the other A term of Congress extends over two years with two regular sessions each term—one per year. Qualifications for House Members o 25 years old o Citizen of the US for at least 7 years o Must inhabit the State from which elected o Tradition also dictates that they live in their district Term of Congress o Date of terms changed in 1933 by the Amendment 20th • Was March 4th • Now noon of the 3rd day of January Session o Beginning day may be changed by Congress o Congress adjourns when it sees fit • Must have consent of both houses • President may adjourn with a Prorogue if both houses can’t agree on a date Special Sessions o President may call to deal with an emergency o Only 26 that include both houses have ever been called • Senate has been called alone 46 times (last in 1933) • The House has never been called alone The House of Representatives is the larger of the two chambers with 435 seats (members) which are based on population. Apportionment—number of seats each state gets in The House Each state is guaranteed at least one representative (some only have one—AK, De, MT, ND, SD, VT, WY) DC., Guam, Virgin Islands and American Samoa each have a delegate and Puerto Rico has a resident Commissioner—THESES ARE NOT FULL FLEDGED MEMBERS OF CONGRESS Each State is entitled to at least one seat in the House and members are elected for a term of two years with no limit on the number of terms that may be served (current longest John Dingell: 58 years, 306 days) Members are elected from districts within the States that are designed by the State legislatures. Article I commands congress to reapportion (redistribute) The House after every decennial census (every 10 years) Before the first census The House was set at 65 seats (went to 106 in 1792) o Reapportionment Act of 1929 o o set up an “automatic” reapportionment Set the permanent size of the House at 435 (Alaska and Hawaii did change the size temporarily) Procedure o Census Bureau decides # of seats o President sends to Congress o Plan goes into effect within 60 days Grew until 1920 • Number of seats was at 435. More seats would have made The House “unruly” • Congress did NOT reapportion The state legislatures are then allowed to draw their states congressional districts This process has lead to: o Gerrymandering o Protected “safe” districts o Court challenges Congressional Elections o Held on the same day across the country = Tuesday following the 1st Monday in November o Off-year elections • Non Presidential election • The party out of the White House usually gains seats o Congressional Districts • 435 separate districts in the US • All are single-member districts • Each state is responsible for drawing it’s own districts • Must be contiguous • Must be “compact territory” • The Supreme Court ruled that the districts must be drawn in accord with the “one-person, one vote” rule. • Law is constantly violated Gerrymandering Gerrymandering o Districts drawn to the advantage of the political party that controls the State’s legislature • Two general forms (both to make safe districts) • Concentrate the opposition’s voters in one district • Spread the opposition thin o Court has tried to fix the problem • Wesberry v. Sanders – 1964 • “one person one vote” • Gomillion v. Lightfoot – 1960 • “majority-minority districts” • Bush v. Vera – 1996 • Race can be factor, just not controlling factor The Constitution stipulates that each State is to have two senators from each of the current fifty States. Senators serve six-year terms and must be residents of the States they represent. o Continuous body—all seats are never up for election at the same time o Only a third are up for election at any one time The Constitution sets higher qualifications for senators than it does for representatives: • (1) Members of the Senate must be at least 30 years old versus 25 years for representatives. • (2) Senators must have been citizens for at least nine years in contrast with seven for representatives. The Senate also has the Filibuster Members of Congress are not a representative crosssection of the American people. o White, Male, Mid-50s (House 54 & Senate 60), upper-middle class to wealthy o Composition is changing with more women and minorities Members of Congress are legislators and also serve as representatives and servants of their constituents, committee members, and politicians. Most members usually adopt one of four behavioral styles: • • • • (1) trustees whose decisions are based solely on their best judgments (2) delegates who follow the wishes of their constituents (3) partisans who feel duty-bound to support their parties’ position (4) politicos who try to balance these roles as situations demand Committee members o What should be voted on “screen proposed laws” o Oversight – check to see if the agencies of the Executive Branch are working correctly Servants – help people they represent who have problems with the government Compensation o $174, a year in salary (speaker makes $223,500 president pro temp and majority/minority leaders make $193,400) o Non-salary Compensation • Medical, Retirement, Tax brakes, etc. • Franking – Free use of the mail • Protected form libel or slander in official conduct