American Government The Legislative Branch Congress Basics of the Legislative Branch.

American Government The Legislative Branch

CongressBasics of the Legislative Branch


Structure of CongressBicameral

Lower House

House of Representatives

Upper House

Senate


Why did our Founding Fathers choose bicameralism?


Terms and Sessions• Each term of Congress lasts two years, and follows an

election.– Currently 111th Congress– Begins at noon on the 3rd day of January of odd numbered

years. – Changed by the 20th Amendment in 1933.

• Session – period of time during which Congress meets in a given year.– Currently – 111th Congress, 2st session– At the end of each session, Congress adjourns– Today, congress remains in session most of the year and

occasionally takes a recess.


Presidential control over the sessions of Congress

• President has the power to Prorogue, or adjourn (end), a session of congress when the two houses cannot agree on a date for adjournment.

• President may call Congress into a special session to deal with emergency matters.


Representation in the Senate• Two senators for each state

– (Great Compromise)• 100 members total (2 x 50)• Initially, Senators were

selected by their state legislatures.

• 1913, 17th amendment changed election of senators they are now elected at-large

– Meaning by all voters in the state.


Representation in The House• Based on population• The number will differ

from state to state.– California Currently has 53

representatives.

• 1929 – House limited to 435 members

• Elected directly by the people of each Congressional District.


Congressional Districts in California• We live in District 2• Approximately 750,000 –

800,000 people per district.

• Districts are roughly equal in population.

• Each state is broken into Congressional Districts just like the CA example.

• We will discuss later how these districts are created.

American Government The Legislative BranchComparing the House and the Senate

435 Members 100 Members

Citizen 7 years Citizen 9 years

Resident of the state from which he or she is elected

Resident of the state from which he or she is elected

2 year terms 6 year terms

All members reelected every 2 years

1/3 of members reelected every 2 years (33-33-34)

SenateHouse of Reps

25 years old - minimum age 30 years old – minimum age

American Government The Legislative BranchComparing the House and the Senate

Leader –

Speaker of the HouseLeader – President of the

Senate (VP of the US)

Votes whether or not to impeach officials

Votes whether or not to remove impeached officials

from office

Introduces all Revenue BillsConfirms all Presidential Appointments and Treaties

Very Formal, Many Rules More informal, fewer rules

SenateHouse of Reps


Ponder This!• Why is the Senate considered the more prestigious House?

• What benefit do the people gain by the Senate serving a 6 year term instead of a 2 year term?

• Why do you think that the House has certain powers like impeachment hearings and originating revenue bills while the Senate holds impeachment trials and confirms presidential appointments?


Congressional Elections

When are they held?How are Congressional districts

created?What influences the outcome?


General Information

• Date — Congressional elections are held on the Tuesday following the first Monday in November of each even-numbered year.

– 100% of House elected, 1/3 of Senate elected

• Off-Year Elections —occurring in non-presidential election years

– The party holding the presidency often loses seats. – Voter turnout is lower.


Reapportionment

• Occurs every ten years

• Based on the census (which is a good job)

• Seats in the House are “portioned” or “divided up” among the states.

• Seats can be taken away or added to each states.

• Total seats equals 435.


Redistricting

• States redraw the Districts for the house

• Task is done by state legislatures – Politics are involved.

• When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

American Government The Legislative Branch California

Congressional Districts based

on 1990 Census


Gerrymandering

• Gerrymandering: Drawing the lines of congressional districts to favor one party or group over another.

• Massachusetts legislature redrew boundaries.

• Governor Elbridge Gerry - blamed by Federalists

• Cartoon was drawn labeling the redistricting a “Gerry-mander.”


What are the major influences on the outcome of national

elections?


What else influences elections? Money!• No limit on Campaign Spending

– a violation of 1st Amendment

• Can limit the amounts that individuals/groups contribute

• Hard Money – Donations made directly to political candidates.

– Must keep records

• Soft Money – Money that is spent on any activities, especially “issue advertising”

– Not actually received or spent by the candidate's campaign


Stability or Change?• Incumbents usually win

– Creates stable Congress. – Provides more power and expertise.

• Representatives in safe-seats (voters overwhelmingly belong to one party) are usually reelected.

• Term limits have been introduced– Have never been passed

• What Brings Change?– Open-seats– Redistricting– Closest contests occur in close-seats where voters

evenly split among political parties.


Ponder This!• Do you support or oppose Congressional Term

Limits to promote change? Why or why not?• What is gerrymandering? What is the problem

with it?• Congressional Reapportionment: When does it

happen, who does, who is in charge of redistricting?

• How many House seats does California have?• Name 2 major influences on winning a

Congressional campaign.


The Members of Congress


Members of Congress• Congress is older, better educated,

whiter, and richer than most of us.– Average member is white, male, mid 50s– Most are married, have children, Christian– Most are lawyers, business, education, journalism or

politics– Nearly all attended college

• However, this has begun to change over time.


Education LevelsAll members

• Law Degree – 228

• Medical Degree – 17

• Doctoral Degree – 19

• Master's Degree – 141

• Bachelor's Degree - 494


Current Political Party Breakdown

• House• 257 Democrats• 178 Republicans• 0 Independent

• Senate• Democrats – 57• Republicans – 41• Independents – 2

– Both caucus w/ Dems


Salary

• The current salary for all Senators and Members is $162,100. The salary for the Speaker is $208,100 and the salary for the Majority and Minority Leaders is $180,100.


Benefits for Members of Congress

• Privileges– special tax deduction to offset two residences– travel allowances– medical care at military hospitals– retirement plans– offices in district and D.C.– franking privilege for mail (helps with reelection!)– freedom from arrest except for treason, felony and

breach of the peace– speech on floor cannot be questioned


• Duties of the Job, Members of Congress must act as…

– Legislators or lawmakers– Committee members

• They must represent the interests of the committee on which they serve

– Representatives of their constituents • Constituents are people in a member of Congress's State or district.

– Servants of their constituents• Providing the people back home with services, such as making

nominations to military academies or helping companies in their districts obtain government contracts

– Politicians • Continuously campaigning


Representing the People

How should an elected official represent his/her constituents?

• Trustee--representatives use their own best judgment

• Delegate--representatives vote the way their constituents want them to

• Partisan – representatives vote with their party leadership


Other Influences on Decisions

Representative

Colleagues

Constituents Staff

CaucusesParty

Interest Groups

Political Action Committees


Organization of Congress


Organization of Congress

• Congress is organized along party lines.

• Each house of Congress has it’s own leadership positions and it’s own party leaders.


Your Representative• Wally Herger• California • 2nd Congressional

District– First elected in

1986


Wally Herger• California 2nd

Congressional District


Your Senators• Barbara Boxer

– First elected in 1992– Last elected in 2004– Up for election in 2010

• Diane Feinstein– First elected in 1992

(special election)– Reelected in 1994– Last elected in 2006


House Leadership• House• Speaker of the House

– leader of Majority Party

– presides– keeps order– after VP in succession

• Currently Nancy Pelosi (D-CA)


Senate Leadership• Senate• Pres of Senate – • Joe Biden

– VP– does not debate – votes in tie

• President pro tempore• Robert Byrd (D-WV)

– elected by majority party– Longest serving member.


Leadership• Party Leadership• Party caucus: deals with party organization floor

leaders membership• Majority Leader: Leader of majority party,

legislative strategist, chief spokesman• Minority Leader: Leader of the minority party,

legislative strategist, chief spokesman• Assistants or whips: communicates with rank

and file members


House Party Leadership• Minority Leader

– (Republican Leader)– John Boehner (R-OH)

• (pronounced BAY-NER)

• Majority Leader– (Democratic Leader)

• Steny Hoyer (D-MD)


Senate Party Leadership• Minority Leader• Mitch McConnell (R-

KY)

• Majority Leader• Harry Reid (D-NV)


Committees• Chairmen: chosen by majority party based on

seniority• Seniority: who has been in Congress the longest• Four types of committees:

– Standing committee and sub-committees: handles bills, subject matter specific

– Joint committees – Both Houses, studies/researches issues

– Select committees – specific problems, Watergate– Conference committee – Both Houses, For the

legislative process – reconcile differences in bills


Questions on Congressional Organization

1. Who determines the positions of leadership in each House?

2. What is seniority and how does it play in the Congressional power game?

3. Who is your Congressman? What Congressional district do you live in?

4. Who are your two senators?5. Which political party is in control of the House?

Senate?



1. Who is the presiding officer of the House? (name & position)

2. Who is the presiding officer of the Senate? (name & position)

3. Who presides in the Senate in #2s absence? (position only)

4. What is the role of the majority & minority leaders of each House?

5. What is the role of the majority & minority whip of each House?



1. Who are the current majority & minority leaders of the Senate?

2. Who are the current majority & minority leaders of the House?

3. Who chooses the chairman of committees? What is it based on?

4. What are the four types of committees and what does each do?


Power of Congress

American Government The Legislative BranchPowers of Congress

• The most important constitutional power of Congress is the power to make laws.

• This power is shared by the House and the Senate.

• In order to become a law, a bill must be passed by both the House and the Senate.


DeclareWar

Powers ofCongress

Taxation

Lawmaking

Regulate Commerce

SpendMoney

CreateCourts

Make all laws "necessary and proper" to carrying out

the enumerated powers


Lawmaking

• Only a member of the House or Senate may introduce a bill but anyone can write a bill.

• Over 9,000 bills are proposed and fewer than 5 to 10% are enacted.

• Most bills originate in the executive branch.• A bill must survive three stages to become a

law: committees, the floor, and the conference committee. A bill can die at any stage.

American Government The Legislative Branch Congress Basics of the Legislative Branch.

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