THE LEGISLATIVE BRANCH
CONGRESS: THE HOUSE OF
REPRESENTATIVES
CONGRESS: THE NATIONAL LEGISLATURE
• The number one job of Congress is to take the public will and transfer it
into public policy in the form of law.
• Bicameralism: (3 reasons)
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1. Historical– Br. Parliament has had 2 houses since the 1300s. people.
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11 colonial assemblies were bicameral.
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Today 49 states are bicameral.
2. Practical– It was a compromise between the Virginia and New Jersey
Plans.
It is a reflection of Federalism—with each state being
equally represented and the people having equal representation.
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3. Theoretical– So that one house could balance or check the power of
the other.
SET-UP OF CONGRESS
• 1ST Congress met in Mar. 1789.
• Term: 2 years—starts at noon on Jan. 3rd of every odd-numbered year.—
1st session of the 111th Congress.
• Each term is divided into 2 sessions--- is the time period in which
Congress conducts its business.
– A session is one-year in length.
• The Constitution states that Congress must meet at least once every
year.
– Congress can adjourn whenever it sees fit, but today it normally
works from Jan. to Dec.
• Recess: Congress can and does take breaks from time to time.
• Neither house of Congress can adjourn (sine die) without the consent of
the other.
– Art. II gives the president the power of prorogue.
• He can end a session if the two cannot agree on a date. It has never
been used.
• SPECIAL SESSIONS:
• To deal with emergency situations the President can call
Congress back for a special session.
• This has been done 26 times. Last one in 1948—economic issues.
– Pres. Wilson in 1913 called Congress into special session and it lasted a year
and a half.
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The President does not have to call both Houses back.
Senate- 46 times for treaties and presidential
appointments.
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House—never
• Used to be that every year the President threatened to call Congress
back, especially if the budget has not been passed by September.
THE HOUSE OF REPRESENTATIVES
• SIZE AND TERMS:
• The House has 435 members, number set by Congress.
– Reapportionment Act of 1929
– One seat for approximately every 650,000 people.
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– Seats are reapportioned after every Decennial census by
Bureau of the Census.
• Seats are apportioned (divided up) by a state’s population.
• Each state is guaranteed at least one seat. (7 states have 1
rep., Alaska, Delaware, Montana, N. Dakota, S. Dakota,
Vermont, Wyoming).
• The territories of DC, Guam, V.I. and Amer. Samoa have a
delegate that represents them. No voting rights.
• Puerto Rico has a resident commissioner.
• Art. I, sect. 2– 2 year term of office, no term limits
2010 Districts
• CONGRESSIONAL DISTRICTS
• 435 Congressional Districts.
– 7 are “at-large” districts (when everyone in the state votes for their
Congressman)
– the remaining 428 seats are divided up among the other 43 states.
– **Until 1842 most states elected their Congressmen by the “at-large” system
(General Ticket).
• It was unfair because it over-represented certain groups; rural regions over urban
and it gave a big advantage to the majority party in the state.
– **1842 Congress passed a law requiring single-member districts.
• State legislatures have the responsibility of drawing Congressional
District boundary lines.
– 1872 Congress proclaimed that each district be as equal in population as
practical.
– 1901 Congress declared that each district be “compact.”
• This has led to a political phenomenon called “Gerrymandering”.
• GERRYMANDERING
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This is when Congressional districts are drawn to benefit one party over
another. Elbridge Gerry.
It takes two forms:
“Packing”—concentrate the opposition’s voters in one or a few districts, thus
leaving the other districts comfortably for the dominant party
“Cracking”—to spread out the opposition as thinly as possible.
The main goal is to create as many “safe districts” as possible.
• THE SUPREME COURT’S VIEW ON GERRYMANDERING AND
APPORTIONMENT:
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Wesberry v. Sanders, 1964
This case ruled that Georgia’s Congressional Districts violated Art. I, Sect 2, which
basically said every person’s vote should be equal. “One man –one vote”
Gomillion v. Lightfoot, 1960
This case ruled that gerrymandering by race alone violated the 15th Amendment.
Reaffirmed in Bush v. Vera, 1996
Hunt v. Cromartie, 2001, ruled that race can be a factor used to draw Congressional
used to achieve proper proportion. boundary lines, but it has to mix with other
factors—race, income and party--
FORMAL AND INFORMAL QUALIFICATIONS FOR THE
HOUSE
• FORMAL QUALIFICATIONS AND RULES
• 25, 7 YEARS A CITIZEN, INHABITANT OF THE STATE.
• TRADITIONALLY—RESIDE IN THE DISTRICT HE OR SHE REPRESENTS.
• The House judges its own elections: it may refuse to seat a memberelect, it may punish its members for disorderly behavior.
• 1900 Brigham Roberts, Utah, was refused his seat for being a polygamist.
• 1969 Adam Clayton Powell, NY, was refused his seat for bad behavior
before the election, he sued
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POWELL V. MCCORMICK, 1969.
– S. Ct. ruled the House could not exclude an elected member who met all the
Constitutional requirements.
• The House has expelled 5 members since 1789. 3 for supporting the
Confederacy during the Civil War, Michael Myers, Pa. 1980 for corruption
and James Traficant, Ohio, 2002 for bribery and fraud.
INFORMAL QUALIFICATIONS
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Party Identification
Name familiarity
Gender
Ethnicity
• CONGRESSIONAL ELECTIONS:
• Tuesday after 1st Monday in Nov. of every even-numbered
year.
• In “off-year elections” (Pres. not being voted on) party in
power generally loses seats.
• THE SENATE
FACTS: 1/3 OF THE SENATE USED TO SERVE IN THE HOUSE.
NO CURRENT MEMBER OF THE HOUSE EVER SERVED IN THE SENATE.
MOST HOUSE MEMBERS VIEW THE HOUSE AS A SPRINGBOARD TO THE
SENATE.
NICKNAMED THE “MILLIONAIRE’S CLUB”
SENATE SIZE, ELECTION AND TERMS
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SIZE:
Constitution says there will be 2 senators from each state.
First senate had 22 members, today there are 100.
The Framers hoped the Senate would be an elite, enlightened
and responsible body.
To reinforce this belief the Framers gave Senators a longer
term of office—6 years and stricter qualifications.
Since they represent the whole state, they generally represent
a more diverse constituency.
ELECTIONS:
Originally Senators were chosen by the State Legislatures. The
Senate fought changing that until 1913 with the ratification of
the 17th Amendment.
Today they are chosen by the voters in the November general
elections.
• SENATE TERM:
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Serve 6 year terms, with no term limits.
Strom Thurmond (SC) was elected 9 times
Senate terms are staggered, 1/3 of the Senate is up for election every
two years. This means the Senate is in continuous session.
Reasons for the 6 year term:
– -Less subject to public opinion.
– -Less likely to be persuaded by special interest groups or lobbyists.
– -insulates them from daily politics.
Senators constituency= the entire state.
Since there are only 100 senators it enables them to be more well
known—therefore more in a position to run for the presidency.
• QUALIFICATIONS AND PUNISHMENT:
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Formal Qualifications:
PunishmentReprimand--”Disorderly behavior”—majority vote
Censure– Severe disorderly behavior– majority vote
Expulsion– Irreprehensible behavior --2/3s vote.
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Some have resigned for misconduct.
– 15 have been expelled.
SALARY AND COMPENSATION
• SALARY
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$174,000
Speaker- $223,500
Pro Tempore, Majority and Minority leaders--$193,400
THE JOB OF BEING A CONGRESSMAN
• MEMBERS OF CONGRESS PLAY 4 MAJOR ROLES
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1. Representatives of the people: How they vote--– Trustee– they use their judgment and experience to determine their vote. Foreign
policy and major military affairs.
– Delegates—vote the way their constituents want them to regardless of their view.
Social and economic issues especially close to elections.
– Partisans– vote purely on party lines. Important issues as in abortion, gun control,
and health care.
– Politicos—balance all the different attitudes together.
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2. Committee Members:
– As committee members they screen proposals.
– Determine if the bill has enough merit to go before the full House or Senate for
consideration.
– Committees also serve as an oversight function concerning the various agencies that
work for the president.[ And investigate abuses of power].
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3. Servants:
– Aid their constituents who have problems with the government bureaucracy—not
getting social security checks, not being treated right in the military, passport
problems, getting nominated to a Service Academy.
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4. Politicians:
– Working within the government to help their own chances of getting re-elected.
CONGRESSIONAL LEADERS
• HOUSE LEADERS
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Speaker of the House— John Boehner (R-Ohio)
Majority Leader— Eric Cantor (R-Va)
Minority Leader— Nancy Pelosi (D-Cal)
Majority Whip— Kevin McCarthy (R-Cal)
Minority Whip— Steny Hoyer (D-Md)
• SENATE LEADERS
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President of the Senate— Joe Biden (D-Del)
President Pro Tempore— Patrick Leahy (D-Vt)
Majority Leader—Harry Reid (D- Nev)
Minority Leader—Mitch McConnell (R-Ky)
MEMBERSHIP PRIVILEGES
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Legislative Immunity (all crimes except felonies)
Free from libel and slander when speaking on matters of
Congressional business in the capitol building when Congress is in
session..
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CONGRESSIONAL POWERS
CONGRESS HAS THREE BROAD CATEGORIES OF POWER:
1.
EXPRESSED POWERSA. Powers listed in Article I, section 8, clauses 1-17.
Gibbons v. Ogden, 1824.
2.
IMPLIED POWERSA. Powers deduced from Art. I, section 8, clause 18.
1st Bank of the US debate.
B. Those who oppose it—Strict Constructionists
T. Jefferson and J. Madison
C. Those who favor using it—Loose Constructionists.
A. Hamilton, G. Washington
D. McCulloch v. Maryland, 1819.
3.
INHERENT POWERSA. Powers that are part of being a legislature. To make law,
conduct investigations and inquiries.
B. Power of impeachment. (President and Federal Court Justices)
1. charges brought by the House
2. Senate serves as the jury.
HOW A BILL BECOMES LAW C.12
• TYPES OF LEGISLATION
• TYPES OF COMMITTEES
• HOUSE ACTION
• SENATE ACTION
• PRESIDENTIAL ACTION
TYPES OF CONGRESSIONAL LEGISLATION
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1. BILLS:
HOUSE AND SENATE BILLS:
– BILLS ARE PROPOSED LAWS, NEED TO PASS BOTH HOUSES AND REQUIRE
PRESIDENTIAL SIGNATURE.
• PUBLIC BILLS• PRIVATE BILLS-
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2. RESOLUTIONS:
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JOINT RESOLUTIONS:
– HAVE THE FORCE OF LAW, NEEDS TO PASS BOTH HOUSES AND HAVE THE
PRESIDENT’S SIGNATURE.
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CONCURRENT RESOLUTIONS:
– DO NOT HAVE THE FORCE OF LAW, NO PRESIDENTIAL ACTION, BOTH HOUSES HAVE
TO AGREE.
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HOUSE OR SENATE “SIMPLE RESOLUTION”:
– DOES NOT HAVE THE FORCE OF LAW, DOES NOT NEED AGREEMENT FROM BOTH
HOUSE.
CONGRESSIONAL COMMITTEES
• “Congress is a collection of committees that comes together periodically
to approve one another’s actions”
• 1. STANDING COMMITTEES:
• They are permanent committees. They are based on “subject
matter”.
• 19 in the House and 17 in the Senate.
• And there are 4 Joint Standing Committees.
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[Examples: Agriculture, Science, Environment and Public Works, Veterans Affairs, Ways and
Means. (P. 330)]
• House committees have between 10 and 75 members,
Senate committees 14 to 28.
• Bills receive their most thorough consideration in committees. The fate of a
bill is decided here.
• Bill are sent to their appropriate committee by the Speaker of the House.
• Each committee is led by a chairman, who is chosen by the majority party
and by seniority.
OTHER COMMITTEES
• 2. THE HOUSE RULES COMMITTEE
• 13 member committee.
• The “traffic cop” of the House.
• Before a bill can go to the full House for consideration (debate
and vote) it must clear the Rules Committee.
• The Rules Committee puts a bill on its proper calendar.
• The Senate has no rules committee, the majority leader plays
this role there.
• 3. SELECT COMMITTEES
• These are committees created for special purposes and a
limited time. Found in both the House and the Senate.
• Members are appointed by the Speaker.
• Their main job is to investigate. Examples: Watergate
Committee and Iran-Contra Committee.
COMMITTEES CONTINUED
• 4. JOINT AND CONFERENCE
COMMITTEES
• They are composed of members from both the
House and Senate.
• Usually are formed when both Houses have
created special committees to investigate the
same matter.
• ***They are also formed when a bill passes
both Houses but in different forms–
Conference Committee, its job is to iron out the
differences in the bill.
History in the Making 1987: Iran-Contra Affair
HOW A BILL BECOMES LAW
• HOUSE ACTION:
• 1. INTRODUCTION- THE PROPOSAL IS PLACED IN THE “HOPPER”
• THE CLERK NUMBERS THE BILL OR RESOLUTION –H.R.#1, GIVES IT A
SHORT TITLE, AND IS ENTERED INTO THE HOUSE JOURNAL—1ST
READING.
– The bill is then printed for all members of the House.
• 2. THE BILL IS ASSIGNED TO ITS PROPER COMMITTEE BY THE SPEAKER.
• IN COMMITTEE:
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“PIGEONHOLED” THE FATE OF MOST REQUEST BILLS.
REPORTED FAVORABLY WITH A “DO PASS” RECOMMENDATION.
REPORT THE BILL IN AN AMENDED FORM.--attach a rider.
REPORT THE BILL WITH AN UNFAVORABLE RECOMMENDATION.
REPORT A COMMITTEE BILL (one completely written by the committee).
LAW
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3. CALENDAR (Rules Committee does this)
– UNION CALENDAR— TAX BILLS, APPROPRIATIONS, GOVERNMENT PROPERTY.
• SCHEDULED FOR THE EARLIEST TIME AVAILABLE.
– HOUSE CALENDAR— ALL OTHER PUBLIC BILLS.
• 2ND AND 4TH MONDAYS AND THURSDAYS.
– PRIVATE CALENDAR– ALL PRIVATE BILLS.
• FRIDAYS.
– CORRECTIONS CALENDAR— MINOR BILLS WITHOUT OPPOSITION.
• 1ST AND 3RD MONDAYS.
– DISCHARGE CALENDAR— PETITION TO DISCHARGE BILLS FROM COMMITTEE.
WEDNESDAYS.
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4. BILL TO THE FLOOR
– 2ND READING
– IMPORTANT BILLS —COMMITTEE OF THE WHOLE— [NEEDS A QUORUM OF 100]
ALLOWS THE ENTIRE HOUSE TO DEBATE, AMEND AND VOTE ON THE BILL SECTION BY
SECTION.
– THERE IS A 5 MINUTE RULE FOR DEBATE IN THE COMMITTEE OF THE WHOLE. WHEN
FINISHED THE FULL HOUSE IS BACK IN SESSION.
5. GENERAL DEBATE
– THE HOUSE IS RECONVENED AND THE HOUSE WILL DEBATE THE BILL.
– A MOTION CALLED TO “MOVE THE PREVIOUS QUESTION”—ENDS DEBATE.
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LAW
• The bill is now printed in its final form—Engrossed.
• 6. VOTING:
The bill now receives its 3rd reading, is voted on.
Voting takes place on amendments, procedural motions, and on the bill
itself.
Unless it is an override of a presidential veto, all that is needed to pass a
bill OR any motion is a simple majority.
• METHODS OF VOTING:
• Voice votes—procedural motions. (If anyone thinks the Speaker has
miscounted the voice vote they can demand a standing vote.)
• Electronic Voting (replaced Teller Vote)
POWERS
• Roll Call Vote—electronic scoreboard “Yea”, “Nay” or “Present”.
• 15 minutes to vote.
• 7. LAST STEP IN THE HOUSE:
• If the bill is passed, it is signed by the Speaker and sent to the Senate.
Lawmaking
process
SENATE ACTION
• INTRODUCTION
• Senator who wishes to introduce a bill is formally recognized by the
President Pro Tempore for that purpose.
• Titled and numbered, read twice then sent to its standing committee.
• The full Senate Majority leader determines when the bill will be
discussed.
• RULES FOR DEBATE
• There is no time limit on debate in the Senate.
– There is a “two-speech” rule. No one can speak more than twice on
impending legislation.
• “Filibuster”—is an attempt to “talk a bill to death”. It is done by the
minority to delay or prevent Senate action on a bill.
• When a filibuster starts the doors to the Senate chamber are shut and
locked. No one can enter but you can leave but not re-enter.
– Longest one man filibuster in US History—Strom Thurmond—24 hrs. 18
minutes—Civil Rights Act of 1957.
SENATE ACTION
• RULE OF CLOTURE –Senate Rule XXII (1917)—response to the longest
tag-team filibuster—3 weeks—defeated a wartime bill.
– Rule of Cloture is used to limit debate to 30 hours.
– Must be submitted by petition by 16 senators—passed by at least 60
senators.
• Most of the time it is not supported because Senators like the tradition
of filibuster and if used a lot it will destroy the utility of filibuster.
• FINAL STEPS:
• The bill must pass both Houses in identical form.
– If passed in different forms—CONFERENCE COMMITTEE is created to
hammer out the differences.
– The compromised bill can only be voted on “as is” in either House.
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PRESIDENTIAL ACTION: (10 working days)
1. sign the bill, it becomes law.
2. veto, resubmitted to Congress, override with 2/3s
3. No action within 10 days it becomes law.
4. No action within the last 10 days of session the
bill dies—Pocket Veto.