Government Institutions: Government Institutions: Legislative BranchLegislative Branch

https://www.youtube.com/watch?v=HuFR5XBYLfU

Congressional StructureCongressional Structure

CongressCongressCongressCongressSenateSenate

Upper HouseSenateSenate

Upper HouseHouse of RepresentativesHouse of Representatives

Lower HouseHouse of RepresentativesHouse of Representatives

Lower House

President of President of SenateSenate

VP of USA

President of President of SenateSenate

VP of USA

President Pro TemporePresident Pro TemporeSenior Ranking Member

Of the Majority Party

President Pro TemporePresident Pro TemporeSenior Ranking Member

Of the Majority Party

435 Representatives (+6 nonvoting delegates)

Elected by PopulationServes for 2 years

435 Representatives (+6 nonvoting delegates)

Elected by PopulationServes for 2 years

House Minority LeaderHouse Minority LeaderHouse Minority LeaderHouse Minority Leader

Speaker of HouseSpeaker of HouseMajority Leader

Speaker of HouseSpeaker of HouseMajority Leader

100 Senators2 from each StateServes for 6 Years

100 Senators2 from each StateServes for 6 Years

Capitol Tidbits

• Site chosen in 1791; British burned in 1814

• 300 feet to top of statue

• Freedom Statue is 19’ 6”

• Capitol sits on 3.5 acres; 168 acres around it are designated to the capitol

• Diameter of Rotunda is 95’ (whisper heard across the room)

• Original rule was that nothing could be higher than Freedom Statue; exception made for Washington monument

House of House of RepresentativRepresentativ

eses• Must be 25 years of age (when seated, not when elected).

• Must have been a citizen of the United States for 7 years.

• Must be an inhabitant of the state from which elected. (NOTE: custom, but not the Constitution, requires that a representative live in the district that he or she represents.)

• Serve a two year term.https://www.youtube.com/watch?v=P6LWHFVzjKY

SenateSenate• Must be 30 years of age (when seated, not when

elected).

• Must have been a citizen of the United States for 9 years.

• Must be an inhabitant of the state from which elected.

• Serve a six year term; 1/3 up for re-election at a time

https://www.youtube.com/watch?v=Xj4aMGlf6bA

Major Differences Between the Houses of Congress

The HouseThe House The SenateThe Senate435 members serving two-year terms

Based on population

Speaker refers bills to committee

Committees almost always consider legislation first

Rules Committee powerful; controls time of debate, admissibility of amendments

Debate usually limited to one hour

Non-germane amendments may not be introduced from floor

Revenue bills, impeachment

100 members serving rotating six-year terms

Equal number of members per state

Committee consideration easily bypassed

Rules Committee weak; few limits on debate or amendments

Unlimited debate unless shortened by unanimous consent or by invoking cloture

Non-germane amendments may be introduced (riders).

Confirm nominations, ratify treaties, impeachment trials

Differences between the House and the SenateHouse Senate

•Larger - 435 members •Smaller - 100 members•Shorter term - 2 years •Longer term - 6 years•Four calendars (Union, House, Private, and Discharge) •Two calendars (Legislative and Executive)

•Less procedural flexibility / more restraints •More procedural flexibility / fewer restraints

•Stronger Leadership - power less evenly distributed •Weaker Leadership - power more evenly distributed

•Role of Rules Committee and special rules to govern floor consideration

•Unanimous consent and complex unanimous consent time agreements to govern floor consideration

•Scheduling by Speaker and majority-party leadership, with limited consultation among members

•Scheduling by majority-party leadership, with broad consultation among all members

•Germaneness of amendments generally required •Germaneness of amendments rarely required

•Presiding officer has considerable discretion in recognition; rulings rarely challenged

•Presiding officer has little discretion in recognition; rulings frequently challenged

•Debate always restricted •Debate rarely restricted•Debate-ending motions by majority vote (218 representatives) •Cloture invoked by three-fifths vote (60 senators)

•Quorum calls permitted in connection with record votes •Quorum calls permitted almost any time and used for constructive delay

•Narrower constituency - House District •Larger constituency - entire state

•Elections generally less competitive •Elections generally more competitive

•Specialists •Generalists•Less reliant on staff •More reliant on staff•Less media coverage •More media coverage•More partisan •Less partisan•Salary: 2009: $174,000    2008: $169,300 2006 and 2007: $165,200 (2005: $162,100)

•Salary: 2009: $174,000    2008:  $169,300 2006 and 2007: $165,200 (2005: $162,100)

Congressional Districts●There are 435 seats in the US House of Representatives (#capped by federal law). Each US house member today represents approximately 650,000 constituents.

Determining RepresentativesDetermining Representatives• CensusCensus Every 10 years to determine population• ReapportionReapportion – Divide seats between states

(Congress does this)

Constitution – 1 rep per 30,000 citizens

1929 Reapportionment Act passed

1990 – 1 rep = 576,000

2009 – 1 rep = 709,000

10,280 = members in House if original numbers used

Determining RepresentativesDetermining Representatives

• CensusCensus Every 10 years to determine population

• ReapportionReapportion – Divide between states (Congress)

• RedistrictRedistrict within the states (state legislature)

• GerrymanderGerrymander state legislators drawing district lines based on some characteristic other than just population (can often be declared illegal)– Bans exist on discriminatory gerrymandering– Bans on misrepresentation in district

• http://www.youtube.com/watch?v=RUCnb5_HZc0

Baker v. Carr (1962) the “equal protection clause” has been

interpreted to mean that districts must be equal in size. Known as the one man, one vote ruling.

Westbury v. Sanders (1964)requires that Congressional districts be “compact

and contiguous”.

Results:• Oddly shaped districts • Safe seats resulting in a more “partisan” Congress

Original Gerrymander

Let’s play “The Redistricting Game”

• http://www.redistrictinggame.org/

Redistricting Resources

2012 Redistricting:●http://www.nytimes.com/interactive/2010/12/21/us/census-districts.html

Illinois Redistricting:●http://illinoisreview.typepad.com/illinoisreview/2011/05/congressional-redistricting-cuts-dupage-co-into-six-cds.html

CNN Gerry Rigged:●http://www.cnn.com/2011/11/18/politics/gerrymandering/index.html

Terms and SessionsTerms and Sessions

• Congressional Term for 2 yrs

• Session- 2 sessions Jan 3rd – Dec., Jan - July 31st

• Work day: Tuesday, Wednesday, Thursday.

• Working time: Noon to 5 – 6 o’clock.

• Recess = temporary break

• Special Session= Outside of regular hours

• Joint Session= Both House and Senate

• “State of the Union” Called by president

Congressional Congressional LeadershipLeadership

Leadership in the Leadership in the House of RepresentativesHouse of Representatives

SPEAKER OF THE HOUSESPEAKER OF THE HOUSESelected by the majority party

Job: Presiding Officer of the House

Power: Decides which committee a bill goes to. John Boehner

R – Ohio

Leadership in the Leadership in the House of RepresentativesHouse of Representatives

SPEAKER OF THE HOUSESPEAKER OF THE HOUSESelected by the majority party

Majority LeaderMajority Leader Leads the Republican party Job: Support legislation for

party and get it passed

Kevin McCarthyR – CA

Minority LeaderMinority Leader Leads the Democratic party Job: Leads Opposition to control the majority party

Nancy PelosiD – California

Leadership in the Leadership in the House of RepresentativesHouse of Representatives

SPEAKER OF THE HOUSESPEAKER OF THE HOUSESelected by the majority party

Majority LeaderMajority LeaderMinority LeaderMinority Leader

Majority Whip Job:Assists the

leader, rounds up votes, heads large group of deputy

and assistant whips.

Minority Whip Job:

Assists the leader, rounds up votes, heads large group of

deputy and assistant whips.

Steve Scalise R – LA

Steny Hoyer D - Maryland

https://www.youtube.com/watch?v=Axr7apxOj9w

https://www.youtube.com/watch?v=rVndiPiu7_c

GeorgiaGeorgia’’s Representations Representation

• Georgia currently has 14 congressional districts.

• Kell’s current congressional district is the 6th represented by:

Congressman Tom Price

Georgia Delegation

Jack Kingston, Sanford Bishop, Lynn Westmoreland, Hank Johnson, John Lewis, Tom Price

Rob Woodall, Austin Scott, Doug Collins, Paul Broun, Phil Gingrey, John Barrow, David Scott, Tom Graves

Leadership in the Leadership in the United States SenateUnited States Senate

Leadership in the Leadership in the United States SenateUnited States Senate

PRESIDENT OF THE SENATEPRESIDENT OF THE SENATEThe Vice President of the United States

Vice President Joseph Biden

Job: President of the Senate

Power: Breaks tie in legislation. Otherwise does not vote.

Leadership in the Leadership in the United States SenateUnited States Senate

PRESIDENT OF THE SENATEPRESIDENT OF THE SENATEThe Vice President of the United States

Senator Orrin R - Utah

PRESIDENT PRO TEMPOREPRESIDENT PRO TEMPORESelected by majority party. Usually most senior member of the Senate

majority party

Job: Presides over the Senate when the Vice President is absent.

Lizz – update! Lizz – update! Leadership in the Leadership in the United States SenateUnited States Senate

Harry ReidD - Nevada

Mitch McConnellR - Kentucky

Majority LeaderMajority Leader Leads the Democratic party

Job: Guides legislation

Minority LeaderMinority Leader Leads the Republican party

Job: Leads Opposition

Georgia’s Representation

Senator

Saxby Chambliss

AND

Senator

Johnny Isakson

Other House & Senate PositionsOther House & Senate Positions

• Clerk of House does administrative duties.

• Parliamentarian keeps rule on debate.

• Chaplain prays before debate.

• Sergeant at Arms keep order.

• Official Reporters writes every single word in meeting.

• Post Master sees that everything is distributed.

Make up of Congress

Women in the US House -What trends do you see and why has this

trend occurred?

http://pressgallery.house.gov/member-data/demographics

Congressional Rules and Congressional Rules and BenefitsBenefits

Congressional ExpectationsCongressional Expectations

• Loyalty to chamber

• Civility

• Seniority – the most senior members get more choice of assignments

• Specialization - become an expert in area

• Reciprocity (aka logrolling)-support for each others bill.

Theories on Congressional Theories on Congressional RepresentationRepresentation

• Delegate– Follows advice & instruction of constituents

• Trustee– Counts on trust of constituents based on their

vote of confidence

• Politico– Mix of what works politically (delegate

sometimes, trustee sometimes)

Privileges and PenaltiesPrivileges and Penalties

• Congressional Immunity

• Freedom of Expression in Congressional Records

• Expel Members with 2/3 vote

• Codes of Ethics

Compensation and BenefitsCompensation and Benefits

• Salaries - $174,000 per year– Speaker $212,100 Leaders $183,500

• Some outside income allowed

• Fringe Benefits (Perks)

• Offices

• Expense Accounts• Stationary and Postage (Franking privilege)

Compensation and BenefitsCompensation and Benefits• Computer service

• TV and radio broadcast

• Travel expense

• Foreign Trips

• Pension Plan and Retirement Income.

• Incumbency = helps in re-election

Congressional PowersCongressional Powers

Sovereign PowersSovereign Powers

♦ Provide for common defense

♦ Make rules on citizenship

♦ Run Armed Services

♦ Declare War

♦ Over Washington D.C.

Financial PowersFinancial Powers

♦ Raise Money

♦ Regulate Trade

♦ Duties – taxes on imports

♦ Excises – taxes on particular goods

♦ Spend Moneyhttp://www.usdebtclock.org/ http://www.usdebtclock.org/

Commerce PowersCommerce Powers

♦ Coin and set standards on money

♦ Post Office

♦ Copy Rights and Patents

Power of the CourtsPower of the Courts

♦Establish Federal Courts

♦Set number of Supreme Court Justices

♦ Advise and Consent (approval of items)♦ Presidential Appointments

(V.P., Justices, and Cabinet)♦ Senatorial courtesy: process by which presidents, when selecting

district court judges, defer to the senator in whose state the vacancy occurs

♦ Formal Agreements with Foreign Nations (Treaties)

♦ Impeachment (Majority in House)

♦ Convict and Remove Federal Officials (2/3 vote in Senate)

Non Legislative PowersNon Legislative Powers

♦ Admit New States to the Union

♦ Amend the Constitution

♦ Count Electoral Votes♦ If no majority: -the House will elect the Pres. -the Senate will elect the V.P.

♦ Serve as a Gov. “Watchdog” – Congressional committees can hold hearings and investigations, call witnesses, and make recommendations.

Non LegislativeNon LegislativeCongressional PowersCongressional Powers

Legislative Powers • Making a bill into law….

• Watch “I’m Just a Bill”…– https://www.youtube.com/watch?v=FFroMQlKiag

• The parody…– https://www.youtube.com/watch?v=hKhXxvT9iak – https://www.youtube.com/watch?v=uf2q66G3lmM

• See other power point…

Committees

Committee Chairpersons

• They decide….– When their committees will meet– Which bills they will consider– Whether they will hold public hearings – What witnesses to call

• Seniority Rule– Unwritten custom, most important posts are awarded

according to length of service.– Criticisms of Seniority Rule – what do you think?– Defenders of Seniority Rule – ditto?

Standing Committees

• Permanent groups to which all similar bills are sent.

• 19 in the House, 17 in the Senate– House members can only serve on one, and Senate

members can serve on two.

• The Speaker of the House or the President of the Senate is responsible for assigning bills to the appropriate standing committees.

The House Rules Committee

• The “Traffic Cop” in the House.

• This committee manages the flow of bills for action by the full House by scheduling their consideration.

• Why is there not one in the Senate?– Who does it then?

Select Committees

• Special groups set up for specific purposes and for a limited period– Members are appointed by the Speaker or the

president of the Senate.

• Usually formed to conduct especially important investigations, – Ex: The Senate Watergate Committee of 1973.

Joint Committees

• Composed of members from both houses.– Appropriations, Budget, Judiciary, Small

Business, Veteran’s Affairs.

• Usually permanent groups that serve on a regular basis.– So, joint committees are usually standing.

Conference Committees

• Before a bill is sent to the President, it must be passed in identical form by each house.– Do you think they’ll pass the exact same bill each time

verbatim???

• Conference Committees are created to iron out the differences on the bills.

• Must produce a compromise bill both houses will accept.

The Legislative ProcessImpact of Bicameralism

● House● Speaker of the House● Rules Committee● Majority/minority

leaders● Whip● Rules Committee● Ways and Means● Open/Closed Rule

● Senate● Majority/minority

Leaders● President Pro

Tempore● Whip● Filibuster● Rider (aka Pork

Barrel)

More polarized Congress

Fewer Moderates in House

http://http://www.cbsnewww.cbsnews.com/ws.com/video/video/watch/?watch/?id=7393500id=7393500n&tag=mncon&tag=mncol;lst;2l;lst;2

Eric Cantor Eric Cantor House Maj. House Maj. LeaderLeader

Pork Barrel Legislation Unit IV

Pork Barrel Projects –the “bridge to nowhere”

●This bridge in Alaska was paid for via an earmark.●Why does this anger Americans?●Why do Senators use this method of securing funding?

The Healthcare Bill of 2009Key Terms

Health insurance – a private plan that individuals/businesses pay into that guarantees medical care.

Medicare-a government run health insurance plan for the retired/elderly.

Medicaid-A government run health insurance program for the poor/disabled (paid to states in the form of a block grant.

single payer system-Health insurance provided by the government – this is not used in the United States but is used in many developed countries.

What problems with health care prompted Congress/President to

act?●Uninsured in USA = 40+ million.●Medicaid covers the poor, many who work are too rich to qualify for Medicaid but their jobs don’t provide insurance.●Rising health care costs.●Bankruptcies.●No law to prevent an insurance company from dropping a client.●No law to prevent an insurance company from denying an individual coverage based on a “preexisting condition”.

Problems with health care in U.S.A.

A comparison of health Spending as a percentage of GDP.

Per capita spending on Health Care

Public Spending on Health Care

Let’s learn about the new law& how it passed.

●President Obama outlined his goals before a joint session of Congress in Sept. 2009.●His plan was proposed to a Democratic controlled Congress.●Clinton had proposed a single payer system to a Democratic Congress in 92 but the plan failed.

Let’s learn about the new law& how it passed.

Obamacare links on YouTube

Part 1: President’s Speech/news clips

http://www.youtube.com/watch?feature=player_embedded&v=2U184wRN6Pw

Part 2: House Debate/news clips

http://www.youtube.com/watch?v=_ljfkgKzYL4&feature=relmfu

Part 3: Senate Debate/news clips

http://www.youtube.com/watch?v=iyxdofZjHcw&feature=relmfu

Health Care Bill chronology●House passes Bill / Senate passes Bill with 60 votes●Bill goes to conference committee●Senator Brown (R) is elected to fill Sen Kennedy’s place. Senate has lost it’s filibuster proof majority as Brown promises to vote against the health care bill●House votes on Senate version of the bill (not the bill that comes out of the conference committee. This bill is not as strong on forbidding abortion and has no public option) ●Obama/Pelosi lobby progressive caucus to vote in favor of Senate bill, Obama promises blue dog democrats to sign executive order forbidding abortion●House passes Senate version of bill, passes changes to bill via “reconciliation” which only require 51 votes

House & Senate Versions of the Bill

House Version●Expands Medicaid●Insurance Mandate●New rules for insurance●Strict Language banning abortion funding●Public option Insurance Program

Senate Version●Expands Medicaid●Insurance Mandate●New rules for insurance

The Health Care Bill that passed

●Extends coverage to 96% of Americans by 2014●Increase in taxes on families making $250,000/yr●Requires more employers to provide health ins.●Raises eligibility for Medicaid/provides subsidies to buy insurance for low income ●Mandates middle income purchase Health Insurance●Establishes state run insurance exchange program (which can not cover abortion)●Bans discrimination based on preexisting conditions/forbids dropping the sick●Kids can stay on parents health insurance until age 26

How would you vote?

Attacks from the right:http://graney.topcities.com/10healthrally.htm

Attacks from the left:http://www.thedailyshow.com/full-episodes/wed-october-27-2010-barack-obama●If your answer is yes, would you change your mind if you were representing a conservative district with many families making over $250,00/year? Or a district with many residents who would be subjected to the insurance mandate?

Affordable Health Care for America Act

National Federation of Independent Business v. Sebelius (2012)Attorneys General argued congress exceeded its power under the Commerce Clause when enacting the insurance mandate●Obama administration argued the bill falls within the scope of federal power due to the necessary and proper clause and the power to tax.

http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/affordable_care_act/index.html