The Legislative Branch: The Organization of Congress

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Bell Ringer
• What age must one be to run for
Congressperson? Senator?
Congressperson – 25 years of age.
Senate – 30 years of age.
• What were Jim Crow Laws?
The systematic practice of discriminating against
and segregating Black people, especially as
practiced in the American South from the end of
Reconstruction to the mid-20th century.
Fast Fact
• The ZIP in Zip Code stands for “Zone
Improvement Plan.”
• What is the purpose of Zip Codes?
They are used by the Post Office to deliver
mail more efficiently.
The Legislative Branch:
The Organization of Congress
Chapter 5
Congressional Membership
Section 1
Congressional Organization
• Bicameral Legislature:
– House of Representatives
– Senate
• Congress’ purpose is to initiate and
approve laws for the country.
• Terms begin on January 3 of odd
numbered years and last for two
years.
• Terms are divided into sessions, which
last for one year and include time for
holidays and vacations.
The Current Session…
How many members of the House of
Representatives are there?
• Plus 4 delegates in
the House:
–
–
–
–
–
District of Columbia
Guam
American Samoa
Virgin Islands
NONE CAN VOTE!
• Puerto Rico (resident
commissioner).
Membership in the House
• Qualifications:
– 25 years of age.
– United States citizen for 7 years.
– Legal resident of the state.
• Terms of Office:
– 2 year terms.
– Elected in even-numbered years.
• Salary and Benefits:
– $174,000 (as of January 1, 2009)
– Speaker of the House = $223,500
The First Census
Membership in the House (cont.)
• Representation and
Reapportionment:
– Based on census count.
– Reapportionment - a reallotment of
congressional seats in the United
States on the basis of census results.
– Reapportionment Act of 1929 set
membership at 435.
• Redistricting:
– The redrawing of district lines based on
reapportionment statistics.
Membership in the House (cont.)
• Abuses of redistricting power:
– Creating congressional districts with very
unequal populations.
– Gerrymandering
• Defined – the political party in control of the
state government draws a district’s boundaries
to gain an advantage in elections.
• Term comes from Elbridge Gerry.
– Packing – drawing the lines so they include as
many of the opposing party’s voters as possible.
– Cracking – dividing the opponent’s voters into
other districts.
Three Redistricting Cases
• Baker v. Carr (1962). – Page 754.
• Reynolds v. Sims (1964). – Page
764.
• Wesberry v. Sanders (1964)Page 767.
– “one-person, one vote”
Membership in the Senate
• Qualifications:
– 30 years of age.
– United States citizen for 9 years.
– Legal resident of the state.
• Terms of Office:
– 6 year terms.
– Elected in even-numbered years.
– 1/3 elected every two years.
• Salary and Benefits:
– $174,000 (as of January 1, 2009)
– President Pro Temp - $193,400.
What prevents Congress from giving
itself a pay raise?
Membership in the Senate (cont.)
• Senate Privileges:
– Stationary
– Franking Privileges
• Postage for official business
– Medical Care
– Gymnasium
– Allowances to pay for home-state offices
and staff, trips home, and communication.
– Tax deduction for maintaining two
residences.
A Huge Benefit…
• Congresspersons have certain
privileges that protect them in their
official capacity.
• Free from arrest “in all cases except
treason, felony, and breach of the
peace.”
• Cannot be sued for anything they say
on the House or Senate floor.
– Does not apply to outside of chambers,
news releases or newsletters.
Congressional Judgment Calls
• Exclusion
– The refusal, by a majority vote, not to
seat an elected member of Congress.
• Expulsion
– Only in most serious cases and by a 2/3
vote.
• Censure
– Formal disapproval of a member’s actions.
– Reprimand published in official records.
The House of Representatives
And Lawmaking
Section 2
Rules for Lawmaking
• Article I, Section 5 orders each
house to make their own rules.
• Thomas Jefferson wrote the
first rule book.
• “It is much more material that
there be a rule to go by, than
what the rule is; that there may
be a uniformity of proceeding in
business not subject to the
caprice [whims] of the Speaker
or captiousness [criticism] of the
members.”
» Thomas Jefferson
Rules of the House
• Print the rules every two years.
• Rules are aimed at defining the
actions of the individual
representatives while in the
House Chambers and moving
legislation along quickly.
• Rule Committee serves as the
“traffic officer”. Keeps the
proper flow going.
How???
• The House forms Committees, in
which bills and/or legislation is
assigned for further study and
reporting.
• Keeps the House, as a whole,
from being overburdened with
work.
Responsibilities of House Leaders
• Organizing and unifying party
members.
• Scheduling the work of the House.
• Making certain that lawmakers are
present for key floor votes.
• Distributing and collecting
information
• Keeping the House in touch with the
president.
• Influencing lawmakers to support the
policies of their political parties.
House Leaders
• Speaker of the House
– Powerful position (elected by majority
party).
– Appoints some committee members.
– Schedules bills for action.
– Refers bills to proper House committee.
Speaker of the House
Rep. John Boehner, (OH)
• Majority Leader
– Help plan the party’s legislative
program.
– Steer important bills through.
– Urge committee chairpersons to
finish work on bills important to the
party.
Eric Cantor (VA)
Majority Whip
–
–
Whip - A member of a legislative body,
such as the U.S. Congress charged by
his or her party with enforcing party
discipline and ensuring attendance.
Assistant to the Majority leader.
Kevin McCarthy (CA)
Other Important People
House Minority Leader
Nancy Pelosi (CA)
House Minority Whip
Steny Hoyer (MD)
How Bills are Scheduled…
• Proposal is made…
• Introduced in House and placed in
hopper…
• Speaker sends it to committee…
• If it survives the committee it is
placed on a calendar…
• House votes and sends to Senate…
House Calendars…
• Union Calendar – bills dealing with
money issues.
• House Calendar – mostly public bills.
• Private Calendar – bills that deal with
individuals or places.
• Consent Calendar – bills in which House
has consented to debate out of order.
• Discharge Calendar – used to petition
bills be released from committee.
The Senate
Section 3
Informality
• Smaller, more personal.
• Ensure maximum freedom.
• Unlimited debate (usually).
The Senate Leaders
President of the Senate
• Is the Vice-President of the United
States.
• Mostly a “figure-head”
• Limited abilities – cast a deciding
vote.
Joe Biden
President Pro Tempore
• Presides in absence of President of
the Senate.
• Usually most senior member of
majority party.
Daniel Inouye (D-HI)
Majority and Minority Leaders
• Most important officers in the
Senate.
• Job: steer the bills through!!!
Harry Reid (NV)
Majority Leader
Mitch McConnell (KY)
Minority Leader
Majority and Minority Whips
Richard Durbin (IL)
Majority Whip
Jon Kyl (AZ)
Minority Whip
The Filibuster…
• Defined: Informal term for any attempt to block
or delay Senate action on a bill or other matter
by debating it at length, by offering numerous
procedural motions, or by any other delaying or
obstructive actions.
• From the early 19th century Spanish and
Portuguese pirates, "filibusteros", who held
ships hostage for ransom.
• Must stand and stick to subject for
3 hours, then it is free reign.
• Can never stop or sit down.
– Strom Thurmond hold’s the record.
• 24 hours 18 minutes in 1957 over the
Civil Rights Act.
• Other famous filibusters’
– Huey Long
– Wayne Morse
Can a filibuster be broken?
• Cloture - The only procedure by which
the Senate can vote to place a time limit
on consideration of a bill or other matter,
and thereby overcome a filibuster.
Under the cloture rule (Rule XXII), the
Senate may limit consideration of a
pending matter to 30 additional hours,
but only by vote of three-fifths of the full
Senate, normally 60 votes.
Congressional Committees
Section 4
Congressional Committees
• Their purpose:
– To help ease the workload by
allowing Congressional members to
divide their work.
– They can become specialists.
– To help select the bills that are most
crucial to our government.
– To hold public hearing and
investigations.
Kinds of Committees
• Standing Committees
– Permanent
• Subcommittee
– Specialized groups from the Standing Committees
• Select Committees
– Temporary
– Study specialized interest
• Joint Committees
– Made up from both Houses
• Conference Committees
– Temporary
– Formed when both Houses pass different versions of
the same bill.
Staff and Support Agencies
Chapter 5, Section 5
Support Agencies
• Library of Congress
• Congressional Budget Office
– Budget preparation
• General Accounting Office
– Watchdog of spending
• Government Printing Office
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