CHAPTER 5 THE ORGANIZATION OF 112TH CONGRESS

Section 1 Congressional Membership p. 123

Objective

Describe the structure of Congress and list the qualifications for membership

Congressional Membership

“The first branch of government.”- James Madison, Article I

Our Founding Fathers intended that the legislative branch have more power than any other branch of government

Congress plays a central role in formulating national policies, as well as, initiates and approves laws.

United States Congress

• Bicameral legislature, meaning that it is made up of two houses, in this case, the Senate and the House

Congressional Sessions

• Each term of Congress starts on January 3rd of odd numbered years and last for two years

• Each term of Congress is divided into two sessions or meetings. A session lasts one year and includes breaks for holidays and vacations

• Congress remains in session until its members vote to adjourn. If Congress is adjourned, the president may call it back for a special session if necessary

Membership of the House

• With its 435 members, the HOR is the larger body of Congress

• Seats in the HOR must be apportioned according to states population

• Each state is entitled to at least one seat in the House no matter how small its population

HOR Qualifications

• Representatives must be at least 25 years old

• Must be citizens of the United States for at least 7 years

• Representatives must also live in the district they represent

Jo Bonner R-ALRepresenting the 1st District of Alabama

Term of Office

• Representatives are elected for two-years terms

• Elections are held in November of even-numbered years

• Representatives begin their term on January 3 following the November election

• Meaning that all 435 members must run for reelection every two years

Representation and Reapportionment

• The purpose of a census is so that representation can be assigned according to population

• The census is taken every year by the Census Bureau every 10 years

• The population of each state determines the new number of representatives to which each is entitled- a process called reapportionment

• The Reapportionment Act of 1929 limited the House to 435 seats. Now each census determines how those 435 seats will be divided among the 50 states

Current AL House of Representatives

TODAY, EACH HOUSE REPRESENTS ABOUT 625,000 PEOPLE.

When the population increases, should Congress add more members to the House? Why or why not?

Congressional Redistricting

• After the states find out their reapportioned representation for the next 10-year period, each state legislature sets up congressional districts-one for each representative

• Representatives are selected from congressional districts set up by state legislatures

• In most states the state legislature draws the boundary lines for each congressional election district

• The process of setting up new districts lines after reapportionment has been completed is called redistricting

Gerrymandering – means that the political party controlling the state

government draws a district’s boundaries to gain an advantage in

elections

Two forms of Gerrymandering

Packing – a district draws the lines so they include as many of the opposing party’s voters as possible.

Cracking – dividing an opponent’s voters into other districts, to weaken the opponent’s voter base

Membership of the Senate

• According to the Constitution , the Senate “shall be composed of two senators from each state.” Therefore, each state is represented equally

• Currently the Senate includes 100 members 2 from each of the 50 states

Jeff Sessions R-AL

Qualifications of the Senate• Senators must be at least 30

years old

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

• A legal resident of the state they represent

• All voters of each state elect senators at-large or state wide

Richard Shelby R-AL

Term of Office• Elections for the Senate are held in November of

even numbered years and begin terms on January 3• Senators hold 6 year terms. Only 1/3 of Senators

run for election every 2 years. Most Senators win re-elections

• If a senator dies or resigns, the state legislature may authorize the governor to appoint someone to fill the vacancy until the next election

• The governor may also call a special election to fill the seat

Salary and Benefits• The Senate ant the House set their own salaries• 27 Amendment – prohibits a sitting Congress from

giving itself a pay raise. (1991, before the amendment, congress voted itself a $23,000 pay increase)

• “Franking Privilege” – free stationery, postage, med. Clinic, and gymnasium.

• Large allowances to pay for their office staff, trips home, telephones, ect..

• Income tax deduction• Retirement – can be eligible for $150,000 or more for

life

• Free from arrest “in all cases except treason, felony, and breach of the peace” when they are attending Congress or on their way to or from Congress.

• Congress Members cannot be sued for anything they say on the House or Senate floor.

• Each house may also “punish its own members for disorderly behavior”

The Members of Congress

• Congress includes 535 voting members-100 senators and 435 representatives

• There are 4 delegates in the House-1 each from the District of Columbia, Guam, America Samoa, and the Virgin Islands- and 1 resident commissioner from Puerto Rico. However, none may vote

• They do attend sessions, introduce bills, speak in debate, and vote in committees

IF YOU ARE A MEMBER OF CONGRESS, WOULD YOU RATHER BE A MEMBER

OF THE HOUSE OR THE SENATE?

SenateHouse of Representatives

Reelection to Congress “All members of Congress have one primary interest-to be

reelected.”- Franklin Roosevelt

An incumbent is a person is already in office and is campaigning for reelection

Why are incumbents so successful?1. Its easier for them to raise campaign funds2. Many districts have3. been gerrymandered in their favor4. Incumbents are better known to voters5. Voters believe incumbents best represent their views

Today’s AssignmentCh. 5, sec. 1 p. 123

1. Complete sec. 1 questions and chart

CHAPTER 5 THE ORGANIZATION OF 112TH CONGRESS

Section 2 The House of Representatives p. 132

Objective

Describe the rules and procedures used in the House and explain the House’s role in the lawmaking process

The House of Representatives

Article I, Section 5, of the Constitution says: “Each house may determine the Rules of its Proceedings.”

Rules are necessary to help ensure fairness in the House, to enable the legislature to conduct business and to protect the minority

Rules of Lawmaking

• The main task of each house of Congress is the same-to make laws

• Both houses have organized themselves in a way to carry out its work of making laws

• The House and the Senate each print their rules every two years

• House rules are aimed at defining the actions a individual representatives to speaking for 5 minutes or less during a debate

Committee Work

• Committees do most of the work in the House and is more important in the House than in the Senate

• Because the House is so large , its members must organize themselves into smaller groups in order to accomplish their work efficiently

• Also, representatives tend to specialize in a few issues that are important to their constituents-the people in the districts they representatives

House Leadership: The Speaker of the House

• Organized leadership coordinates the work of the 435 members of the HOR

• The Speaker of the House is the presiding officer of the House and is the most powerful leader

• A closed meeting known as a caucus, of the majority party chooses the House Speaker at the start of each session of Congress

House Leadership: The Speaker of the House R-OH

• The entire House membership approves the choice of Speaker

• The speaker appoints the members of some committees, schedules bills for action, and refers bills to the proper House committee

• The Speaker of the House follows the vice president in the line of succession to the presidency

House Leadership: House Floor Leaders

The Speaker’s top assistant is the majority leaderThe majority leader’s jobs include:• Help plan the party’s legislative program• Steer important bills through the House• Make sure the chairpersons of the many

committees finish work on bills important to the party

House Leadership: House Floor Leaders

• The majority leader is the floor leader of his or her political party in the House

• Like the Speaker the House Floor Leader is elected by the majority party

• The Floor Leader has help from the majority whip and deputy whips

• Whips serve as assistant floor leaders in the House

House Leadership:Deputy Whip

• Whips serve as assistant floor leaders in the House

• The majority whip’s job is to watch how majority-party members intend to vote on bills

• Persuade them to vote as the party wishes• See to it that party members are present to

vote

House Leadership: House Floor Leaders

Majority Leader R-VA Majority Whip R-CA

House Leadership:Minority Leader and Minority Whip

• The minority party also elects its own leaders

• The responsibility of these leaders are much the same as those of the majority party’s leaders, except that have no power over scheduling work in the house

House Leadership: House Floor Leaders

Minority Leader D-CA Minority Whip D-MD

Lawmaking in the House

• All laws start as bills• A proposed law is called a bill until both houses of

Congress passes it and the president signs it

The Process:1. To introduce a bill in the House representatives

drop it in the hopper, a mahogany box that is accessible to all near the front of the chamber

Lawmaking in the House

2. After the bill is introduced, the Speaker of the House sends it to the appropriate committee for study, discussion and review

3. Bill that survive the committee process are put on one of the House calendars. There are 5 calendars

4. Any bill that the House give unanimous consent to debate out of regular order is listed on the Consent Calendar

Lawmaking in the House5. After a committee has considered and approved a

major bill, it usually goes to the Rules Committee. The Rules Committee can push a bill through quickly or stop it completely

6. Major bills that reach the floor of the Hose for debate and for a vote do so by a “rule”-or special order- from the Rules Committee

7. After the Committee of the Whole reports the measure back the full House with whatever changes it has made

8. The House then has the authority to pass or reject the bill

A Quorum for Business• A quorum is the minimum number of members

who must be present to permit a legislative body to take official action

• A quorum consists of the majority of the Houses-218 members

• When the House meets to debate and amend legislation it may often sit as a Committee of the Whole-only 100 members

• This helps to speed the consideration of important bills

HOUSE OF REPRESENTATIVESLIVE FEED

http://houselive.gov/

Today’s AssignmentCh. 5, sec. 2 p.132

1. Complete questions and chart for sec. 2

Today’s Assignment - Ch. 5, sec. 2 p. 132

Identifying House of Rep leadership foldableUsing computer paper you will make a 4-tab foldable to identify the leadership of the House of Representatives. You should write one of the following on each of the tabs:

Tab 1: Speaker of the House 10 ptsTab 2: Majority Leader and Whip 10 ptsTab 3: Minority Leader and Whip 10 ptsTab 4: The Rules Committee 10 ptsTitle: House of Representatives Leadership 5 ptsPut your name on the back of the foldable 5pts

CHAPTER 5 THE ORGANIZATION OF 112TH CONGRESS

Section 3 The Senate p. 138

Objective

Contrast the Senate’s leadership and role in the lawmaking process with that of the House of Representatives

The Senate

• Senators who represent their state are expected to know something about and deal with many issues from national defense to social issue to farming

• Leadership in the Senate closely parallels leadership in the House, but with no Speaker

• The vice president presides in the in the Senate, but may not vote except to break a tie

The Vice President• The Constitution names the vice president as

president of the Senate but he does not have the power of the Speaker

• Because he is not an elected member of the Senate he may not participate in the debates except in the event of a tie

• In the absence of the vice president, the president pro tempore [or president pro tempore] presides

• Pro tempore means ‘for the time being’ The Senate elects this leader and he always from the majority party

President of the Senate

President of the Senate D-DE President Pro Tempore D-HI

Majority and Minority Floor Leaders

• The majority and minority floor leaders are the most important officer in the Senate

• They are elected by their political parties

• The majority leader’s main job is to enter the party’s bills through the senate by planning the schedule and agenda with the minority leader

Majority and Minority Floor Leaders

• The majority leader makes sure the majority party members attend important senate sessions and organizes their support on key bills

• The minority leader develops criticisms of the majority party’s bills and tries to keep senators in the minority party working together

• Senate whips assist the majority and minority leaders of the Senate by making sure that legislators are present for key votes

Majority and Majority Floor Leaders

Majority Leader D-NV Minority Leader R-KY

The Filibuster• Because the Senate usually allows unlimited debates on

any bill under consideration, one way for senators to defeat a bill they oppose is to filibuster against it

• To filibuster means to stall the legislative process in order to prevent a vote

• Stall tactics include talking continuously, delaying issues in committees, and other procedural roadblocks

• Cloture is a procedure that the Senate can use to stop a filibuster. It limits the amount of time a senator can speak.

How Senate Bills are Scheduled- Senate leaders control the flow of bills to committees and to the floor for debate and vote.

- The Senate has only two calendars. The Calendar of General Orders lists all the bills the Senate will consider and the Executive Calendar schedules treaties and nominations

- The Senate brings bills to the floor by unanimous consent.

Today’s AssignmentCh. 5, Sec. 3 p. 138

Complete questions for sec. 3 - handout

CHAPTER 5 THE ORGANIZATION OF 112TH CONGRESS

Section 4 Congressional Committees p. 141

Objective

Identify kinds of committees and why members serve on them

Congressional Committees

Purposes of Committees:1. It allows members of Congress to divide their

work among many smaller groups2. From the huge number of bills introduced in

each Congress, committees select those few that are to receive further consideration

3. By holding public hearings and investigations, committees help the public learn about key problems and issues facing the nation

Kinds of Committees

Congress has four basic kinds of committees:

1. Standing CommitteesSub committees

2. Select Committees3. Joint Committees4. Conference Committees

Standing Committees

• Standing committees are permanent groups set up by Congress to oversee bills that deal with certain kinds of issues, they usually continue from one Congress to the next

• The majority party has the right to write the rules in Congress

• The House and Senate each create their own standing committees

• Because the majority party in each house controls the standing committees, it selects a chairperson for each from among its party members

• The majority of committee members are also from the majority party

Subcommittees – part of standing committees

• Nearly all standing committees have several subcommittees.

• Each subcommittee specializes in a subcategory of its standing committees from one Congress to the next

• For example, House Republicans in the 104th Congress limited most committees to no more than five subcommittees

Select Committees

• Select committees are temporary committees who study one specific issue and report their findings to the Senate or the House

• Subcommittees usually don’t last more than one term of Congress but they can be renewed for several terms

This issues include: 1. Matters of great public concern [i.e. organized crime]2. Overlooked problems [i.e. such as hunger]3. Problems of interest groups [i.e. such as owners of small

business, who claim Congress has not met their needs]

Joint Committees

• Joint committees are made up of members from both the House and the Senate

• The committees may either temporary or permanent

• These committees usually act as study groups with responsibility for reporting their findings back to the House and the Senate

• They deal with issues like atomic energy, defense and taxation

• They do not have the authority to deal directly with bills or to propose legislation to Congress

Conference Committees

A conference committee is a temporary committee set up when the House and Senate have passed different versions of the same bill.

The Job of the conference committee is to resolve the differences between the two versions of the bill.

Choosing Committee Members

In both the House and Senate, the political parties assign members to the standing committees. Newly elected members of Congress who wish to serve on a particular committee or veteran lawmakers who wish to transfer to another committee may request assignment to the committees on which they want to serve.

Important Committees

The House Rules Committee - the most important committee in the House – serves as the “traffic officer” in the House, helping to direct the flow of major legislation.

Ways and Means Committee – deals with tax laws

Appropriations – deals with government spending

The Seniority System

• The unwritten rule of seniority traditionally has guided the selection of chairpersons

• The seniority system gives the members of the majority party with the longest uninterrupted service on a particular committee the leadership of the committee

Today’s AssignmentCh. 5, Sec. 4 p. 141-145

Complete sec. 4 questions - handout

Development of Congressional PowersChapter 6

Constitutional PowersSec. 1

Constitutional Powers

-Expressed Powers (enumerated powers) Powers that are written in the Constitution

- Implied powers – allows congress to fulfill the Expressed powers

Constitutional Provisions (pages 157–158)

A. The “necessary and proper” clause (elastic clause) of the Constitution enables Congress to expand its power.

B. Conflicting interpretations of the elastic clause are reflected in Supreme Court rulings on the power of Congress. (Strict/loose)

C. The powers of Congress are limited by the Bill of Rights and the Constitution.

Powers Denied Congress

• Limited by the Bill of Rights

• Congress cannot suspend the writ of habeas corpus

• Congress cannot pass bills of attainder, laws that establish guilt and punish people without allowing them a trial.

• Congress cannot prohibited from passing ex post facto laws

Legislative Powers (pages 158–163)

A. The power to levy taxes and appropriate money is one of Congress’s most important powers.

B. Congress has the power to borrow money, to coin money, and to make laws regarding bankruptcy.

***Revenue bills always originate in the House of representatives.

C. Congress has the power to regulate foreign and interstate commerce. (Gibbons v Ogden)

D. Congress has important powers in foreign policy and national defense, such as the power to approve treaties, to declare war, and to create and maintain an army and a navy.

***Appropriations bills – proposed laws to authorize spending money

E. Congress has power over naturalization of citizens and the admission of new states to the Union.

F. Congress has the power to grant copyrights and patents and the power to establish federal courts and a post office.

Nonlegislative Powers (pages 163–165)

A. If no presidential candidate has a majority of the electoral votes, the House of Representatives chooses the president from the top three candidates; if no vice presidential candidate has an electoral vote majority, the Senate chooses the vice president from the top two candidates.

B. Congress has the power to settle problems arising from the death of candidates or the president’s incapacity or resignation. (20th and 25 Amendment)

D. The Senate has the power to approve officials appointed by the president.

E. The Senate ratifies treaties between the United States and other nations.

C. Congress has the power to remove officials of the executive or judicial branches from office by the process of impeachment.

F. Congress shares with state legislatures the power to propose and ratify constitutional amendments.

Chapter 6, sec. 1 – assignmentcomplete questions

Congress at WorkChapter 7

How a Bill Becomes a Lawsec. 1

Types of Bills and Resolutions (pages 181–183)

A. Public bills involve national issues; private bills deal with individual people or places.

B. Resolutions may be passed by either house or by both houses jointly.

C. Both houses pass concurrent resolutions, which do not have the force of law.

D. A rider is a provision attached to a bill on an unrelated subject.

E. Only a few bills become laws because:

1. the process is long and complex

2. measures must have broad support

3. supporters must be willing to compromise

4. many bills are introduced that have no chance of passing.

Introducing a Bill (pages 183–186)

A.Introducing a new bill in Congress is the first step in the lawmaking process.

B. New bills are sent to committees and sometimes subcommittees.

C. Both houses usually agree with the committees’ decision on a bill.

D. If a committee decides to act on a bill, it holds hearings on it.

E. When a committee hearing is complete, committee members review the bill line by line and make changes in it by a majority vote.

F. The committee kills or reports the bill to the House or Senate, sending with the bill a written report that describes the bill, explains the committee’sactions, lists the committee’s changes, and recommends passage or defeat.

Floor Action (pages 186–187)

A.During debate any lawmaker may offer amendments.

B. The bill, including proposed changes, must receive a majority vote in both the House and Senate to pass.

C. Congress may use standing, roll-call, record, or voice votes.

Final Steps in Passing Bills (pages 187–188)

A. To become a law, a bill must pass in identical form in both houses; conference committees work out differences when necessary, and send a compromise bill to each house of Congress for final action.

B. The president may then let the bill become law by signing it or keeping it 10 days without signing it, or kill it using a veto or pocket veto.

C. Congress can override a presidential veto by a two-thirds vote in each house.

D. The line-item veto was challenged in the Supreme Court and declared unconstitutional.

E. After a bill becomes a law, it is registered with the National Archives and Records Service.

F. Citizens can track legislation using an online information resource called THOMAS.

The Influence of Interest Groups

Lobbyists – representatives of interest groups that influence Congress in their favor (lobbying)

Chapter 7 assignmentComplete questions handout