Chapter 10Congress

Section 1—The National Legislature

• “Representative”

• Madison: “The first branch.”– “All legislative Powers herein granted

shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”—Article I, section 1

• A Bicameral Congress– Historical

• British had two houses• Most Colonies had two houses

– Practical• Dispute between Virginia and New Jersey Plans.

– Theoretical• “To cool it.”• There would be no Constitution without the

bicameralism.

• Terms and Sessions– Two year terms.– Terms of Congress

• Noon of the 3rd day of January of every odd numbered year.

– Sessions• Two sessions• Adjourns

– “sine die”– “prorogue”—never used.

– Special Sessions• Only used occasionally.

Section 2—The House of Representatives

• Size and Terms– Size is set by Congress-435 since 1910– Minimum of one representative per State.– “Unofficial” representatives.– Unlimited terms

• Reapportionment– 1st Congress was 65– Raised to 106 in 1792– A Growing Nation

• Raised to 142 in 1800• Raised to 186 in 1810• 435 by 1912 (Arizona and New Mexico were

added)• No reapportionment in 1920

– The Reapportionment Act of 1929• Every ten years• Permanent size of 435• Represent about 650,000 citizens• State Legislatures determine boundaries.

• Congressional Elections– Date—Since 1872, “first Tuesday, following

the first Monday in November of each even-numbered year.”

– Voting devices vary widely and some are controversial.

– Off-Year Elections• Non-presidential election years.• Party of the president “usually” loses ground.

• Congressional Elections (cont.)– Districts

• 7 States with one representative• 428 divided among the rest.• Single-member districts are the norm.• At-Large has occurred at times.• Questions:

– Equal population

– Equal size.

– Compactness.

– Contiguous—one piece

– Gerrymandering• Can concentrate opposition in one or a few districts.• Spread the opposition to make all districts open.• Aims to create “safe” districts.

• Congressional Elections (cont.)– Wesberry v. Sanders, 1964

• Established principle of equal representation.• Later: One person---one vote principle.• Race cannot be the primary determinant in

districting, but can be one factor.

• Qualifications for House Members.– 25 years of age.– A U.S. citizen for 7 years.– A inhabitant of the state from which they are

elected.• Informally of the district from which they are

elected.

Section 3—The Senate

• Size, Election, and Terms– Size

• 1789—22 members• 1791—26 members• “Dispassionate.”• Represent entire states.

– Election• Until 1913—chosen by State legislatures.• 17th Amendment.• Now elected statewide.

• Size, Election, and Terms (cont.)– Term

• 6 years• Strom Thurmond-48 year record.

– Senator Robert Byrd—48 years in 2007

• Terms are staggered 33 or 34 each 2 year election.

• Continuous body.• Larger constituencies---bigger picture.

• Qualification for Senators– 30 years of age.– Citizen of the U.S. for 9 years.– An inhabitant of the State from which

they are elected.– Senate judges its own members.

• 15 have been expelled—14 during the Civil War.

• Many simply resign• Many do not seek reelection.

Section 4—The Members of Congress

• Personal and Political Backgrounds– Not representative– Median age of House is 55, Senate 60– Mostly male. 68 women in House, 14 women

in the Senate.– 42 African Americans, 24 Hispanics, 5

Asians, and 1 Native American in the House.– 1 African American, 2 Hispanics, 1 Asian, 1

Hawaiian sit in Senate.

• Personal and Political Backgrounds (cont.)– Most are married and average 2

children.– 60% are Protestant, 30% Catholic, 6%

Jewish.– 1/3 of House and 1/2 of Senate are

lawyers– Nearly all have a college degree and

many advanced degrees.

• Personal and Political Backgrounds (cont.)– Most have political experience

• Senators average in second term• House members 4 terms• Former governors• Cabinet seats

• The Job– Legislators– Representatives of constituents– Committee members– Servants of constituents– Politicians

• The Job (cont.)– Representatives of the people

• Trustees—independent judgment• Partisans• Politicos—balancing act

– Committee Members• Oversight function

– Servants

• Compensation (cont.)– The politics of pay

• Controversial

– Membership Privileges• Legislative Immunity• To protect free speech

• Compensation– Salary

• $158,000• Speaker=$193,600• Senate president pro tem=$172,900

– Nonsalary Compensation• Fringe benefits• Travel• Franking privilege• Free printing