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. It was done to balance the concerns of the
aristocracy with that of the common 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. The Constitutional Convention would
have collapsed without the deal.
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 oddnumbered 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:
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To deal with emergency situations the President can call
Congress back for a special session.
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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.
House—never
Every year the President threatens to call Congress back,
especially if the budget has not been passed by
September.
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THE HOUSE OF REPRESENTATIVES
• SIZE AND TERMS:
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• The House has 435 members, number set by Congress.
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– Reapportionment Act of 1929
– One seat for approximately every 650,000 people. 2
1 the
– Seats are reapportioned after every
2012Decennial
Districts census by
Bureau of the Census.
House Plan
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• Seats are apportioned (divided up) by a state’s population.
• Each state is guaranteed at least one seat.
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rep., Alaska, Delaware, Montana, N. Dakota, S. Dakota,
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Vermont, Wyoming).
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• The territories of DC, Guam, V.I. and Amer. Samoa have a
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delegate that represents them. No voting rights.
• Puerto Rico has a resident commissioner. 2
• Art. I, sect. 2– 2 year term of office, no term limits
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2010 Districts
2012 Districts
Senate Plan
• 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 “atlarge” 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
member-elect, 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:
• 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.
– 15 have been expelled.
• Some have resigned for misconduct.
THE MEMBERS OF CONGRESS
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• PERSONAL AND POLITICAL BACKGROUNDS
The members of Congress do NOT demographically represent
the typical American.
They are:
white
Age: House—55, Senate—60
80% of the House is male, and 80% of the Senate is male.
17% of the House is of “minority groups”
5% of the Senate come from minority groups..
Nearly all are married.
60% protestant, 30% Catholic, 6% Jewish
House->33% attorneys, Senate50% Attorneys
Most have a lot of political experience—incumbents 2nd or 3rd
term.
Congress represents the upper-middle class.
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 reelected.
SALARY AND COMPENSATION
• SALARY
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$174,000
Speaker- $223,500
Pro Tempore, Majority and Minority leaders--$193,400
• NON-SALARY
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1. special residence tax deduction.
2. per diem allowances, reserved parking in DC and the two DC
airports and travel pay.
3. Health Care at low rates.
4. Retirement Plan (based on years of service) max--$165,000/yr,
Social Security and Medicare coverage.
5. “Franking Privilege”
• POLITICS OF PAY (Congress can pass own pay raise)
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Congressional pay is limited by two things:
1. Presidential veto
2. Voter backlash
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— Daniel Inouye (D-Haw)
Majority Leader—Harry Reid (D- Nev)
Minority Leader—Mitch McConnell (R-Ky)
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MEMBERSHIP PRIVILEGES
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
• 1. BILLS:
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HOUSE AND SENATE BILLS:
– BILLS ARE PROPOSED LAWS, NEED TO PASS BOTH HOUSES AND REQUIRE PRESIDENTIAL
SIGNATURE.
• PUBLIC BILLS- THESE DEAL WITH ISSUES THAT PERTAIN TO THE GENERAL PUBLIC OR CLASSES
OF CITIZENS.
• PRIVATE BILLS-THESE DEAL WITH ISSUES THAT PERTAIN TO INDIVIDUAL CONCERNS THAT
EFFECT INDIVIDUALS OR ORGANIZATIONS.
• 2. RESOLUTIONS:
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JOINT RESOLUTIONS:
– HAVE THE FORCE OF LAW, NEEDS TO PASS BOTH HOUSES AND HAVE THE
PRESIDENT’S SIGNATURE.
• BUT THEY TEND TO DEAL WITH LIMITED MATTERS SUCH AS SPECIFIC
APPROPRIATIONS, FOREIGN POLICYAND LIMITED MILITARY USE.
• PROPOSING CONSTITUTIONAL AMENDMENTS** No Pres. action
• ANNEX TERRITORY (TEXAS)
CONCURRENT RESOLUTIONS:
– DO NOT HAVE THE FORCE OF LAW, NO PRESIDENTIAL ACTION, BOTH HOUSES HAVE
TO AGREE.
• USED TO CHANGE RULES WITHIN EITHER HOUSE.
• TO ADJOURN
• TO EXPRESS AN OPINION ABOUT AN ISSUE
HOUSE OR SENATE “SIMPLE RESOLUTION”:
– DOES NOT HAVE THE FORCE OF LAW, DOES NOT NEED AGREEMENT FROM BOTH
HOUSE.
• USED TO EXPRESS A SENTIMENT (or opinion) OF ONE HOUSE
CONGRESSIONAL COMMITTEES
• “Congress is a collection of committees that comes together
periodically to approve one another’s actions”
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1. STANDING COMMITTEES:
• Permanent committees based on “subject matter”.
• There are 19 in the House and 17 in the Senate. There are 4
Joint Standing Committees.
• Examples: Agriculture, Science, Environment and Public
Works, Veterans Affairs, Ways and Means. (P. 330)
• Each (House) committee has between 10 and 75 members,
(Senate) committee 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:
– “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.)
POWERS
• Electronic Voting (replaced Teller Vote)
• 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 reenter.
– 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.