THE US CONGRESS Chapters 10 & 12 10.1 - Congress Bicameral – two houses or parts House of Representatives & the Senate Reasons why… Historical: British Parliament Practical: settled by the Great Compromise Gave equal voice AND population reflection Theoretical: or situation check on the system – “diffuse” the power Terms vs. Sessions Term – lasts two years & numbered consecutively since 1st Congress of 1789-1791 March 4th – 20th Amendment Jan 3rd Today = 113th Congress Originally Session – time when they assemble & conduct business = one per year of the term Convenes – when they begin work in a session Adjourns – suspends work during a session Recess – short breaks during a session Special Session – called by President – emergency 27 in history – Truman’s in 1948 last one 10.2 - House of Representatives Qualifications: at least 25 years old, live in the state, citizen at least 7 years Usually also live in district representing & know the issues there House controls its own rules on elections, qualifications & expulsions has not challenged any member-elect since Powell v. McCormack, 1969 Only expelled 5 members; “reprimanded” others Informal qualifications sometimes factor in H of R - Terms All 435 members serve two year terms Short terms designed to make them more accountable to “we the people” at home Elections are in even numbered years # of seats is based on apportionment Districts are to be roughly same size in population Today almost 700,000 people per district No term limits Reapportionment US Census every 10 years since 1790 Population shifts result in reapportionment of seats Grew fairly consistently from 65 in 1789 to 435 after 1910 census Reapportionment Act of 1929 – set 435 as permanent number of Reps Census Bureau determines # of Reps per state Congressional Elections First Tues after the 1st Mon in Nov of even # years Must use a voting machine or ballot Off-year elections – the years w/out Presidential election Note: party of the President usually loses seats Not in 2002 after 9/11 435 Congressional Districts in US Single-member Some States districts states had tried at-large elections – didn’t work (1842) establish a district’s boundaries, but must be contiguous territory, equal #s, & compact in size Gerrymandering Named for Mass Gov. Elbridge Gerry in 1812 Drew district boundary lines to favor his party Gerrymandering – drawn to the advantage of the political party that controls the state legislature Widespread today, even to local elections 2 purposes – 1 – concentrate the opposition in as few districts as possible – “packing” 2 – spread the opposition as thinly as possible – “cracking” Sometimes “kidnapping” – redraw lines to move an incumbent into a district less likely to be reelected Result today: most districts are considered “safe” Court cases have impacted… Wesberry v. Sanders, 1964 “one person, one vote” principle, caused dramatic shift away from rural overrepresentation Gomillion v. Lightfoot, 1960 Gerrymandering based solely on race violates 15th Amendment Davis v. Bandemer, 2003 Reinforced that state may redraw boundaries when party in control wants to seize an advantage 10.3 - Senate Qualifications: at least 30 years old, live in state, 9 years a citizen Senate also controls its own rules on elections, qualification, expulsions, etc. But to expel a member needs 2/3s vote – total 15 Similar informal qualifications considered Especially political experience as Senate is viewed as the “upper House” of Congress Two Senators per state Senate Term & Election 6 year term, 1/3 up for election every other year Continuous body as all of its seats are never up for election at the same time length is to give them time to study the law & be less pressured by special interests or passions in the moment Originally Senators chosen by state legislatures 17th Amendment, 1913 – direct elections These are at-large elections 10.4 - Personal & Political Background Most are white men in their 50s Growing #s of women, minorities Most are married with kids and have a religious affiliation Most are lawyers &/or have advanced degrees Most are born in the states they represent Most have political experience Most are upper-middle class **is NOT an accurate cross section of American society Representatives of the People Lawmakers can represent the people as they vote… 1. 2. 3. 4. Delegates – discover “what the folks back home” think about an issue & vote that way – can counter own opinion Trustees – call issues as they see it using their own conscience & judgment – can ignore constituents Partisans – owe allegiance to their political party – considered the leading factor in influencing voting Politicos – try to combine all three and balance conflicting roles Committee Members Members serve on various committees – “experts” on certain issues When bills are proposed, committees screen or preview the bills Decide if the bill will go on to floor consideration Appropriation – provide $ to enforce laws Oversight function – committees check to make sure the executive branch agencies are carrying out the laws Compensation Salary - $174,000 year Speaker - $223,500; VP – $227,300; floor leaders $193,400 “fringe benefits” – special tax deduction for 2 residences Travel allowances, life & health insurances, pension plan plus Social Security & Medicare Offices – given one in DC, allowance for ones at home Franking privilege – signature in place of stamps Restaurants & gym, parking in DC & at airport Politics of Pay Voter backlash – fear of election day fallout over compensation or improper use of “perks” Presidential veto of a pay raise 27th Amendment, 1992 – must have a Congressional election before a pay raise can take effect Membership Privileges – protections from court for attendance & speeches To encourage vigorous debates on issues Does not allow for personal attacks Ch. 11 - Expressed Powers of Congress Create & collect taxes, coin & borrow money 16th Amendment, 1913 = income tax Regulate interstate & foreign trade Gibbons v. Ogden, 1824 – further defined interstate Bankruptcy & Immigration - naturalization Declare war Establish courts, military Copyrights, patents, weights & measures, post offices Conduct process of impeachment Senate ratifies treaties & confirms appointments 12.1 - Opening Day in the House The Clerk of the House from preceding term presides until a Speaker is elected Calls order, does roll call Members then pick the Speaker of the House Speaker takes Oath of Office from Dean of the House Speaker then gives Oath to rest of the House Clerk, parliamentarian, sergeant at arms, chief administrative officer & chaplain elected Adopts Rules of the House Members appointed to the 20 permanent committees Opening Day in the Senate There is no large organizational session Continuous body Newly elected & reelected members take the Oath of Office Fill vacancies in Senate leadership and on committees When Senate is told the House is organized, they send a message to the President – they have a quorum & are ready to hear from him Few weeks later – State of the Union message is given to a joint session of Congress, in person since 1913 Presiding Officers - House Speaker of the House Most powerful in Congress, acknowledged leader of majority party, also 3rd in line to presidency Primary roles – to preside & keep order Majority Leader Majority Whip Minority Leader Minority Whip Presiding Officers - Senate Vice President = President of the Senate Named by Constitution Can preside & keep order, only votes when a tie President pro tempore Served in VP’s absence, longest serving of majority party 4th in line to presidency Majority Leader Majority Whip Minority Leader Minority Whip Party Officers - both Party caucus – closed meeting of that party Policy committee – executive body of each caucus Other caucuses deal with particular issues Can belong to more than one caucus Floor Leaders – also picked by the party Legislative strategists that steer floor action to benefit the party Committee Chairmen – head the standing committees All impacted by seniority rule – unwritten custom 12.2 - Committees in Congress Standing Committees – permanent 20 in House, 16 in Senate – see charts pgs 340-341 Subcommittees – standing committees divided into smaller groups to deal with more specific topics Crime & drugs, Immigration, Consumer Rights Almost 70 in Senate, 99 in House Select Committees – investigative groups that are temporary in order to deal with special issues Indian Affairs, Presidential Campaign Activities, Covert Arms Transactions Committees con’t… Joint Committees – made up of members of both House & Senate to advise Congress on a particular area Most are permanent & serve on a regular basis Joint Committee on the Library Conference Committees – also both House & Senate members in order to work out a compromise between House & Senate versions of a bill before it goes to the President Temporary, joint group Committee Assignments Choose to serve on a particular committee… 1. 2. 3. To benefit their district or state To influence national policy Because of their personal interest or background Once named to a committee, they may stay on it as long as they wish Eventually, members with seniority may become the committee chair Committee chairs are always from the majority party 12.3 & 4 - How a bill becomes a law In the House – see handout In the Senate – see other handout Final step – to the President 1. 2. 3. 4. Sign the bill becomes law Veto the bill rejects it & returns it to the part of Congress where it originated – usually with a veto message Can become a law without signing it in 10 days (not counting Sat & Sun) Pocket veto if Congress adjourns during the 10 days, president can ignore it and the bill dies