Legislative BranchLegislative Branch

Why BicameralWhy Bicameral

Historical – British Parliament had Historical – British Parliament had consisted of 2 houses since the 1300’sconsisted of 2 houses since the 1300’sNebraska only unicameral state legislatureNebraska only unicameral state legislature

Practical – Settle conflict between Practical – Settle conflict between Virginia Plan and New Jersey PlanVirginia Plan and New Jersey Plan

Theoretical – Framers favored Theoretical – Framers favored bicameral so one house could check the bicameral so one house could check the otherother

Legislative BodiesLegislative Bodies

United StatesUnited StatesBicameral (two houses) Bicameral (two houses)

House of Representatives House of Representatives 435 members435 membersDirect Popular voteDirect Popular vote2 year terms2 year terms

SenateSenate100 members100 membersFirst appointed, now Direct Popular vote (17First appointed, now Direct Popular vote (17thth))6 year terms6 year terms

Other Similar Legislative Other Similar Legislative BodiesBodies

FranceFrance National AssemblyNational Assembly

577 members577 membersDirect Popular Direct Popular

votevote5 year terms5 year terms

SenateSenate321 members321 membersLocal Electoral Local Electoral

CollegeCollege9 year terms9 year terms

JapanJapan House of ConcillorsHouse of Concillors

252 Members252 MembersDirect popular Direct popular

votevote6 years6 years

House of House of RepresentativesRepresentatives512 members512 members Direct Popular Direct Popular

VoteVote4 year terms 4 year terms

Terms and SessionsTerms and Sessions

Each term of Congress lasts for two Each term of Congress lasts for two yearsyears

First term began on March 4, 1789 and First term began on March 4, 1789 and ended March 4, 1791ended March 4, 1791

2020thth Amendment changed start of each Amendment changed start of each new term to noon on the 3new term to noon on the 3rdrd day of day of January of every odd-numbered yearJanuary of every odd-numbered year

What term are we on now?What term are we on now?What term will we have on Jan 3. 2013?What term will we have on Jan 3. 2013?

Two sessions for each termTwo sessions for each term

1 each year1 each yearBefore WWII a Before WWII a

typical session typical session lasted 4 to 5 lasted 4 to 5 monthsmonths

Today Congress Today Congress remains in session remains in session for most of the for most of the year, both have year, both have short recesses short recesses throughout the throughout the yearyear

In order to adjourn In order to adjourn from session, each from session, each house has to have house has to have approval from the approval from the other houseother house

Special sessions Special sessions may be called, by may be called, by President on a President on a pressing issuepressing issue

26 special sessions 26 special sessions have been calledhave been called

House of RepresentativesHouse of Representatives

Exact size of house set by congress Exact size of house set by congress not Constitution, WHY?not Constitution, WHY?

Constitution provides the total number Constitution provides the total number of seats shall be apportionedof seats shall be apportionedDistributed among the States based on Distributed among the States based on

each states populationeach states populationEach state is guaranteed at least one Each state is guaranteed at least one

seatseatAlaska, Delaware, Montana, North Dakota, Alaska, Delaware, Montana, North Dakota,

South Dakota, Vermont, and WyomingSouth Dakota, Vermont, and Wyoming

What about U.S. TerritoriesWhat about U.S. Territories

District of Columbia, Guam, Virgin District of Columbia, Guam, Virgin Islands, and American Samoa each Islands, and American Samoa each elect a delegate to represent them in elect a delegate to represent them in the Housethe House

Puerto Rico chooses a resident Puerto Rico chooses a resident commissionercommissioner

All of these are NOT House of All of these are NOT House of RepresentativesRepresentatives

ReapportionmentReapportionment

Redistribute the seats in the House Redistribute the seats in the House after each decennial censusafter each decennial census

First house 65 seatsFirst house 65 seatsMoved up to 435 in 1910Moved up to 435 in 1910

Halted there, too tough for effective Halted there, too tough for effective floor actionfloor action

Congress passed the Congress passed the Reapportionment Act of 1929Reapportionment Act of 1929

Reapportionment Act of 1929Reapportionment Act of 1929

Permanent size of the House will be Permanent size of the House will be 435 members435 members

Following census, Census Bureau is Following census, Census Bureau is to determine the number of seats to determine the number of seats each State should haveeach State should have

When plan is ready, President must When plan is ready, President must send it to Congresssend it to Congress

60 days to reject plan, if not rejected 60 days to reject plan, if not rejected it becomes effectiveit becomes effective

Act has worked quite well since Act has worked quite well since passedpassed

Congress still has the constitutional Congress still has the constitutional responsibility to reapportion the responsibility to reapportion the HouseHouse

Census Bureau takes all the heat from Census Bureau takes all the heat from each stateeach state

Each seat today represents about Each seat today represents about 710,000 people710,000 people

Congressional ElectionsCongressional Elections

Since 1872 Elections for Congress Since 1872 Elections for Congress Members are held on the Tuesday Members are held on the Tuesday following the first Monday in November following the first Monday in November in each even-numbered yearin each even-numbered year

Off-Year ElectionsOff-Year ElectionsElections not held during presidential Elections not held during presidential

electionselections2006 was an off-year election2006 was an off-year electionUsually the party in power (holds the office Usually the party in power (holds the office

of the president) loses seatsof the president) loses seats

DistrictsDistricts435 total districts in the U.S.435 total districts in the U.S.Congress allowed each state to decide Congress allowed each state to decide

whether they elect by single-member whether they elect by single-member district basis or by a general ticket district basis or by a general ticket systemsystem

Single-member Single-member districtdistrict Representatives Representatives

chosen from a chosen from a group of group of candidates from candidates from that districtthat district

General ticket systemGeneral ticket systemAll members All members

picked from the picked from the at-large poolat-large pool

Unfair to all party Unfair to all party not in powernot in power

Congress ended Congress ended general ticket general ticket system in 1842system in 1842

1842 each state responsible for 1842 each state responsible for drawing up districtsdrawing up districts

Must be all one pieceMust be all one pieceEach district must have about the Each district must have about the

same amount of people in themsame amount of people in themMust cover the smallest possible areaMust cover the smallest possible area In some cases Gerrymandering has In some cases Gerrymandering has

taken placetaken placeBoundaries drawn to the Boundaries drawn to the

advantage/disadvantage of a political advantage/disadvantage of a political partyparty

Gerrymandering takes one of two Gerrymandering takes one of two formsformsTo concentrate the opposition's voters in To concentrate the opposition's voters in

one or a few districtsone or a few districtsSpread the opposition as thin as Spread the opposition as thin as

possible, limiting their ability to winpossible, limiting their ability to win

Qualifications for Qualifications for RepresentativesRepresentatives

25 years old25 years oldCitizen for 7 yearsCitizen for 7 yearsMust reside from the state they are Must reside from the state they are

chosen fromchosen fromLongstanding custom, they live in Longstanding custom, they live in

district they represent (be closer to district they represent (be closer to the people)the people)

Judge of the Elections, Returns, and Judge of the Elections, Returns, and Qualifications of its membersQualifications of its members

May punish own members for disorderly May punish own members for disorderly behavior by majority votebehavior by majority vote

1989 House Speaker Jim Wright resigned 1989 House Speaker Jim Wright resigned after, House Ethics Committee charged him after, House Ethics Committee charged him with violations (financial dealings with with violations (financial dealings with companies)companies)

With 2/3 vote can expel a memberWith 2/3 vote can expel a member In 200 years 5 members have been expelledIn 200 years 5 members have been expelled 2002 James Traficant – bribery, fraud, and 2002 James Traficant – bribery, fraud, and

tax evasiontax evasion

SenateSenate

Smaller body than the HouseSmaller body than the HouseFirst Senate had 22 members in 1789First Senate had 22 members in 1789Today it has 100 SenatorsToday it has 100 SenatorsUntil the adoption of the 17Until the adoption of the 17thth

Amendment in 1913, senators were Amendment in 1913, senators were chosen by state legislatureschosen by state legislaturesLegislatures were expected to choose Legislatures were expected to choose

wealthy, distinguished men wealthy, distinguished men

1914 to today, Senators have been 1914 to today, Senators have been chosen by the people during regular chosen by the people during regular November electionsNovember elections

Each senator is elected from the State Each senator is elected from the State at-largeat-large

Serve 6 year termsServe 6 year termsMay be reelected to any number of May be reelected to any number of

termsterms1/3 elected every two years, roughly 1/3 elected every two years, roughly

33 up for reelection33 up for reelection

Senate is called a continuous bodySenate is called a continuous bodyAll seats are not up for election at same All seats are not up for election at same

timetime6-year term is intended to make 6-year term is intended to make

senators less subject to pressure of senators less subject to pressure of public opinion and to the pleas of special public opinion and to the pleas of special interests than their house colleagues.interests than their house colleagues.

Supposed to be focused on the “Big Supposed to be focused on the “Big Picture” not the small local stuffPicture” not the small local stuff

Over past years they have become Over past years they have become prime source of contenders for prime source of contenders for presidencypresidency

QualificationsQualifications

Higher level of qualifications than Higher level of qualifications than House memberHouse member

30 years of age30 years of ageMust be US citizen for 9 yearsMust be US citizen for 9 yearsMust reside from the state they are Must reside from the state they are

elected fromelected fromSenate judges the qualifications of its Senate judges the qualifications of its

members, may exclude them by members, may exclude them by majority votemajority vote

May punish members by majority May punish members by majority votevote1990, David Durenberger R, MINN1990, David Durenberger R, MINN

Charged with financial misconductCharged with financial misconduct

May expel a member with 2/3 voteMay expel a member with 2/3 vote15 members have been expelled15 members have been expelled

1 in 1797, 14 during the Civil War1 in 1797, 14 during the Civil War1982 Harrison Williams (D, N.J) resigned, 1982 Harrison Williams (D, N.J) resigned,

but was convicted of briberybut was convicted of bribery