The U.S. Congress

1. The U.S. Congress House of Representatives And the Senate Chapter 11

2. Differences between Congress and Parliament • Major Differences? • Advantages? • Disadvantages? • Intentions of Founders with Congress • Do we have gridlock? • Separation of powers, Parties, legislative process

3. Bicameralism • A legislature made up of two houses • Settled the conflict between the Virginia and New Jersey plans • A reflection of federalism • Equal representation in the Senate • Representation bases on population in the House

4. The Congress • Each term lasts for two years • Congress begins at noon on Jan. 3 in every odd-numbered year • We are currently in the 109th Congress • The president can call a special session of Congress • 26 special session have been called

5. Congressional Elections • “Election day is held on the Tuesday following the 1st Monday in November in each even-numbered year” • Off-year elections • Those congressional elections that take place in non-presidential years – between presidential elections • Fairly consistently the party in power loses seats in off year elections.

6. Congressional Districts • Single-Member Districts • The voters in each district elects one of the State’s representatives from those candidates running for a seat in the House. • At Large Elections • The state chooses the Representatives from the state as a whole

7. Reapportionment – every 10 years based off of census • Malapportionment • Racial Reapportionment • Shaw v Reno (93) • Gerrymandering • Davis vs. Bandemer (86) • Wesberry v Sanders (64) • Baker V. Carr (62)

9. 435 Members • Total number per state based on population • Changes after each census-apportioned • 7 states with only one Representative • Alaska, Delaware, Montana, North and South Dakota, Vermont and Wyoming • U.S. Territories • Wash D.C., Guam , The Virgin Islands and Samoa elect a delegate to represent • Puerto Rico has a resident commissioner to represent • None can vote on legislation

10. The Senate and House of Representatives • 1/3 of the Senate members have previously served in the House of Representatives • None of the members of the House have ever served in the Senate • To The Presidency?

11. Two Senators per state • Originally selected from the state legislatures • 17th amendment- 1913 gives the power to the people to elect • 1/3 elected every 2 years to stagger experience

12. Major Differences Between the House and the Senate

13. How much Power? • Liberal constructionists • Alexander Hamilton • Liberal interpretation of the Constitution • Broad construction of powers given to Congress • Wars, economic crisis, and national emergencies • Transportation and communication • Strict Constructionists • Thomas Jefferson • Only expressed powers and those implied powers absolutely necessary • Wanted the states to maintain the power

14. Powers of Congress • Expressed Powers • Stated in the Constitution • Implied Powers • By reasonable deduction from the Constitution • Inherent Powers • Powers necessary for creating a National Gov’t

15. Expressed Powers • Found in Article 1 section 8 of the Constitution • 18 clauses and 27 different powers listed • Wording is brief and broad • Power to Tax • Power to Borrow • Commerce Power • Currency Power • Bankruptcy • Foreign Relations and War Powers • Naturalization • Post office • Copy Rights and Patents • Power over Territories • Judicial Powers

16. Implied Powers • Necessary and Proper Clause • Elastic Clause - adaptability • National Bank created in 1791 • Gibbons v. Ogden (1824) • McCulloch v. Maryland 1819 • 2nd bank of the U.S. • Bitter battle • States attempt to cripple the bank with state taxes on a federal agency • Declared unconstitutional • Gives approval to the concept of implied powers

17. Nonlegislative Powers • Constitutional amendments • 27 amendments • 33 bill have gained 2/3 vote in both houses • Executive Powers • Appointments and approval of treaties by the Senate • Impeachment • House Determines the charges –majority vote • The Senate judges – 2/3 vote • Electoral Duties • House may need to elect the President if no candidate receives a majority (270 electoral votes) • Investigatory Powers within the scope of legislative powers • Oversight

18. Committee System • Congress organizes its legislative work through a series of committees • Designed to lessen the work • More than 11,000 bills are presented by members of Congress during each 1 year session. • Dozens of committees work simultaneously on different bills and each committee divides work further into subcommittees.

19. Committees in Congress • Standing Committees • Committee assignments are competitive • Look to see where Senator is from House Rules Committee • Approval to get to the floor House Ways in Means * Taxation bills • Select Committee • Specific purpose-investigations-temporary • Joint Committee • Members of both houses • Conference Committees • Iron out differences on bills

20. Types of Bills and Resolutions • Bills • Not often written by Congresspersons • Joint resolutions • Unusual or temporary measures • Constitutional amendments • Concurrent Resolutions • Jointly between the House and Senate • Not sent to the President • Resolutions • Rule of procedure or amendment to rule • Not sent to the President • Rider • Addition to a bill

21. Types of Votes • Representational View • Organization View • Attitudinal View

22. How a Bill Becomes a Law: House of Representatives Introduction Committee Mark Up Subcommittee (hearings) Written report Calendar Debate Conference Committee Referral Presidential Action

23. Bill Becomes a Law: Senate The greatest deliberative body in the world • Creating and introducing Bills • Senate Rules for Debate • May speak as long as they want • Filibuster • Talk the bill to death • Cloture Rule • Petition from 16 Senators • 3/5 of Senators must agree to limit to no more than 30 hours. • Vote

24. President Acts on Legislation • 1. Sign the bill and it becomes law • 2. President may veto a bill – refuse to sign • Congress may pass with 2/3 vote in both houses • 3. The President allows the bill to become law with out signing it or by not acting on it within 10 days • 4. Pocket veto – if congress adjourns its session within 10 days of submitting a bill to the President and the President does not act, the bill dies • Line-item veto – ruled unconstitutional with Clinton vs. City of New York

25. Party Leadership • Each house selects leaders by majority vote—the real selection is made ahead of time by the party leaders • Congressional Leaders: • Speaker of the House—always a member of the majority party • President of the Senate—Vice President (has little authority) so… • President Pro Tempore—a leading, senior member of the majority party is selected to preside

26. Congressional Leaders • Majority Leader—the legislative leader of the party holding the majority of seats in the House or Senate • Minority Leader—the legislative leader and spokesperson of the party holding the minority of seats in the House or Senate • Whip—a senator or representative who works with the party leaders to communicate views, solicit support before votes are taken, and keep track of how voting is likely to go

27. Characteristics of Congresspersons • The average member is a white male in his mid-50’s. • More minorities than ever before • Women - 13 in the Senate and 60 in the House – 13.6% • African Americans- 40 in the House • Hispanics – 18 in the House • 5 Pacific Islanders – 2 Senate and 3 House • 1 Native American in the Senate • 3 out gays and lesbians – 3 in the House

28. Characteristics of the Congresspersons • Nearly all are married: few have divorced • They average 2 children • Religion : 60% Protestant, 25% Catholic, 8% Jewish • Lawyers: 33% House and over 50% in the Senate • Others from business, banking, education, agriculture, journalism and public service. • Highly educated

29. Duties of the Job • 1. Legislators who make the laws • 2. Committee Members • Screen bills and make recommendations • Oversight function of governmental agencies • 3. Representatives of their Constituents- • Those who elect them • 4. Servants of their Constituents • 5. Politicians • Much time spent fundraising for future elections

30. Perks of the Job • High salary • $160,000 • Speaker of the House - $181,500 • Tax deductions for second home • Travel allowances • Low cost and high quality health care • Generous Pension based on years served • Offices and staff in their home state and in Washington D.C. • Free printing, postage and distribution – work use • Free Parking • Restaurants, health clubs and haircuts • Privileged from arrest going to, during or leaving work • Legislative immunity when working

31. American Attitudes • Negative attitudes • Pork Barrel • Log rolling • The iron triangle • Partisanship • Positive Attitudes • Re-election rates • Like the checks on the other party and president