The Role of CongressThe Role of Congress

Accountability to the people Accountability to the people and the representation of and the representation of those who elected themthose who elected them

Constitutional PowerConstitutional Power

John LockeJohn Locke’’s philosophys philosophy– The legislature is the most powerful The legislature is the most powerful

branchbranch– It needs limitsIt needs limits

Article I, Section 8Article I, Section 8 Article I, Section 9Article I, Section 9 Bill of RightsBill of Rights

LimitationsLimitations

Enumerated PowersEnumerated Powers– Article I, Section 8Article I, Section 8

Implied PowersImplied Powers– Necessary and proper clauseNecessary and proper clause

McCulloch v MarylandMcCulloch v Maryland

Enforcement powerEnforcement power– Civil rights Act 1964Civil rights Act 1964

Inherent PowersInherent Powers– Congress power to investigateCongress power to investigate

Bicameral LegislatureBicameral Legislature– two housestwo houses

Senate Senate House of RepresentativesHouse of Representatives..

House of RepresentativesHouse of Representatives– Clause IClause I

A Representative serves a 2 yearsA Representative serves a 2 years• The SenateThe Senate

• Clause I – Clause I – • Senators term is 6 yearsSenators term is 6 years

Section One—What is a Section One—What is a Congress?Congress?

Reapportionment---How it Reapportionment---How it WorksWorks

• Take a census every ten yearsTake a census every ten years• Congress totals the number of Reps. Congress totals the number of Reps.

each state will get each state will get • that total must equal 435that total must equal 435

• Congress will notify the state Congress will notify the state legislatures of any changeslegislatures of any changes

• State legislatures will determine new State legislatures will determine new district boundariesdistrict boundaries

RepresentationRepresentation

Article I, Section 2Article I, Section 2– Districts linesDistricts lines

Wesberry v. SandersWesberry v. Sanders– ““one person, one voteone person, one vote””– Each district must be mathematically Each district must be mathematically

equal to other districtsequal to other districts GerrymanderingGerrymandering

– Drawing district lines to achieve favorable Drawing district lines to achieve favorable political results for one political partypolitical results for one political party

GerrymanderingGerrymandering

Printed in 1812.

Illustrates the electoral districts drawn by the Massachusetts legislature to favor the incumbent Democratic-Republican party candidates of Governor Elbridge Gerry over the Federalists. The cartoon depicts the bizarre shape of a district in Essex County Massachusetts as a dragon.

– The term gerrymandering is derived from Elbridge The term gerrymandering is derived from Elbridge Gerry (1744–1814), the governor of Massachusetts Gerry (1744–1814), the governor of Massachusetts from 1810 to 1812. from 1810 to 1812.

used to help or hinder particular constituentsused to help or hinder particular constituents Used to help or hinder political partiesUsed to help or hinder political parties Used to increase or decrease minority Used to increase or decrease minority

representationrepresentation Strategies used:Strategies used:

– PackingPacking To concentrate as many voters of one type into a To concentrate as many voters of one type into a

single electoral district to reduce their influence in single electoral district to reduce their influence in other districts. other districts.

– CrackingCracking involves spreading out voters of a particular type involves spreading out voters of a particular type

among many districts in order to deny them a among many districts in order to deny them a sufficiently large voting block in any particular district. sufficiently large voting block in any particular district.

Cracking/ Breaking the

Minority

Packing the Minority

Cracking/ Breaking the

Majority

There has to be restrictions to There has to be restrictions to redistrictingredistricting– Equal population in districtsEqual population in districts– Lines must be contiguous or connectedLines must be contiguous or connected– Districts cannot reduce minority voting Districts cannot reduce minority voting

strengthstrength– District lines cannot be drawn solely based District lines cannot be drawn solely based

upon raceupon race– Districts must be compactDistricts must be compact

What the Supreme What the Supreme Court has to say…Court has to say…

CongressCongress

Power Point LinkPower Point Link

The Legislative The Legislative BranchBranch

Article IArticle I

Bicameral LegislatureBicameral Legislature– two housestwo houses

Senate Senate House of Representatives.House of Representatives.

Section One—What is a Section One—What is a Congress?Congress?

Section 2 House of Section 2 House of RepresentativesRepresentatives

Clause IClause I A Representative serves a 2 year A Representative serves a 2 year

Clause IIClause II– Qualifications Qualifications

25 years old25 years old– 7 year citizen of the United States7 year citizen of the United States– Resident of the state one is elected inResident of the state one is elected in

• Clause III

• amount $$

• Reapportionment

•Creating new districts every ten years to adjust for population changes

•Gerrymandering

•Redrawing district lines to favor a political party

•One man – one vote

Reapportionment---How it Reapportionment---How it WorksWorks

1.1. Take a census every ten yearsTake a census every ten years

2.2. Congress totals the number of Reps. Congress totals the number of Reps. each state will get each state will get

1.1. that total must equal 435that total must equal 435

3.3. Congress will notify the state Congress will notify the state legislatures of any changeslegislatures of any changes

4.4. State legislatures will determine new State legislatures will determine new district boundaries district boundaries

• Clause V

• the impeachment process

The House of Reps. will start the impeachment process

Andrew Johnson-First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction

Richard Nixon-Resigned before official impeachment could take place

Bill Clinton-Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

Section 3 -The SenateSection 3 -The Senate

Clause I – Clause I – • Senators term is 6 yearsSenators term is 6 years

1 voter per Senator1 voter per Senator 2 Senators per state (all states get the 2 Senators per state (all states get the

same amount)same amount) 1717thth Amendment Amendment

• Clause II • First class = 2 year term• Second class = 4 year term• Third class = 6 year term

• Clause III• qualifications for a Senator

30 years old 9 year citizen of the United States Be a resident of the state you are elected from

• Clause IV• The Vice-President of the U.S. is the President of

the Senate • President of the Senate only votes if there is a tie

• Clause V

• Officers of the Senate

President of the Pro Tempore - presides temporarily when vice-president is not available

Majority Leader - controls the agenda of the majority party

Majority Whip - helps the majority leader

Minority Leader - A watchdog function over the majority party

Minority Whip - helps the minority leader

• Clause VI

• Trial of Impeachments - the Senate actually serve as the Jury in impeachment proceedings

• House of Reps. introduces the Articles of Impeachment

• House needs a majority (218) vote to bring up charges

• Senate needs 2/3s majority (67) to convict

• Clause VII - if someone is impeached

• A guilty conviction on the Articles of Impeachment is removal from office

• A U.S. President cannot be pardoned if found guilty by 2/3 of the Senate

Section IV - Congress Section IV - Congress Meets in Washington, Meets in Washington, D.CD.C

• Clause IClause I National Election Day was set by Congress National Election Day was set by Congress

11stst Tuesday after the first Monday of November Tuesday after the first Monday of November

• Clause II

Must meet one time a year

20th Amendment established January 3rd as the meeting date

Section V —Rules of Section V —Rules of ProceduresProcedures

• Clause I – Clause I – • Removal from officeRemoval from office

• Clause IIClause II• House of Reps and the Senate have House of Reps and the Senate have

different rulesdifferent rules• Filibuster—Delaying a bill through the use Filibuster—Delaying a bill through the use

of discussionof discussion• Senate has FilibustersSenate has Filibusters

• Strom Thurmond—longest filibuster, 24 hours Strom Thurmond—longest filibuster, 24 hours 18 minutes18 minutes

• Cloture rule— a filibuster if 60 Senators agree Cloture rule— a filibuster if 60 Senators agree to vote for the closing of debateto vote for the closing of debate

– Censure—punishing a member of Censure—punishing a member of Congress, take away some of their power Congress, take away some of their power or seniority or seniority

• Clause III

Congressional Journal

Congressional Record

Sunshine Law

Section VI—Privileges Section VI—Privileges and Restrictionsand Restrictions

• Clause IClause I• Compensation—members of Congress will be paid Compensation—members of Congress will be paid

($150,000 per year)($150,000 per year) Congressional immunityCongressional immunity

cancan’’t be arrested for minor crimes when traveling to or from t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt Congress (breach of peace, treason, felony, are not exempt from this immunity)from this immunity)

SlanderSlander saying something that is not true, they can do this in the saying something that is not true, they can do this in the

House and Senate (done so that speech is not limited or House and Senate (done so that speech is not limited or censored)censored)

Franking—free mail serviceFranking—free mail service

Section 7 - Method of Section 7 - Method of Passing BillsPassing Bills

• Clause II• How does a bill become a law?• All bills must go through committee work before they get

to the floor. • method—

• passes one house by majority vote, • passes second house by majority vote, • goes to president,

president signs it into law

president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law

president delays action for ten days excluding Sundays, becomes law

• Clause I• All tax bills start in the House.

Pocket Veto - president delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW

Section IX—Powers Section IX—Powers Denied to the Federal Denied to the Federal GovernmentGovernment

• Clause IClause I• Congress stopped the importation of Congress stopped the importation of

slaves in 1808slaves in 1808• Use the word Use the word ““such personssuch persons”” as opposed to as opposed to

““slavesslaves””• Clause II

• Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence

The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

• Clause III• Congress cannot pass a bill of attainder (legislative act

against a named person)• Congress makes a law that says Mike Sims is a thief

and will serve 25 years in prison - This is Unconstitutional!!

Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th,

Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th

• Clause VII Congress controls the federal budget

Creating our own Bills Creating our own Bills Simulate the House and the SenateSimulate the House and the Senate

Speaker of the House - Controls the discussion of the Speaker of the House - Controls the discussion of the floorfloor

Majority Leader - Helps the speaker & leads his partyMajority Leader - Helps the speaker & leads his party Minority Leader - Serves as a watchdog over the Minority Leader - Serves as a watchdog over the

majority partymajority party President of the senatePresident of the senate Majority Leader - Helps the speaker & leads his partyMajority Leader - Helps the speaker & leads his party Minority Leader - Serves as a watchdog over the Minority Leader - Serves as a watchdog over the

majority partymajority partyCommitteesCommittees