THE LEGISLATIVE BRANCH

CONGRESS: THE HOUSE OF REPRESENTATIVES

CONGRESS: THE NATIONAL LEGISLATURE

• The number one job of Congress is to take the public will and transfer it into public policy in the form of law.

• Bicameralism: (3 reasons)• 1. Historical– Br. Parliament has had 2 houses since the 1300s.

people. • 11 colonial assemblies were bicameral. • Today 49 states are bicameral.

2. Practical– It was a compromise between the Virginia and New Jersey Plans.

It is a reflection of Federalism—with each state being equally represented and the people having equal representation.

• 3. Theoretical– So that one house could balance or check the power of the other.

SET-UP OF CONGRESS• 1ST Congress met in Mar. 1789.• Term: 2 years—starts at noon on Jan. 3rd of every odd-numbered year.

—1st session of the 111th Congress.• Each term is divided into 2 sessions--- is the time period in which

Congress conducts its business.– A session is one-year in length.

• The Constitution states that Congress must meet at least once every year.

– Congress can adjourn whenever it sees fit, but today it normally works from Jan. to Dec.• Recess: Congress can and does take breaks from time to time.• Neither house of Congress can adjourn (sine die) without the consent of

the other.

– Art. II gives the president the power of prorogue. • He can end a session if the two cannot agree on a date. It has never

been used.

• SPECIAL SESSIONS:• To deal with emergency situations the President can call Congress

back for a special session.• This has been done 26 times. Last one in 1948—economic issues.

– Pres. Wilson in 1913 called Congress into special session and it lasted a year and a half.

• The President does not have to call both Houses back.• Senate- 46 times for treaties and presidential

appointments.• House—never• Used to be that every year the President threatened to call Congress

back, especially if the budget has not been passed by September.

THE HOUSE OF REPRESENTATIVES

• SIZE AND TERMS:• The House has 435 members, number set by

Congress.– Reapportionment Act of 1929– One seat for approximately every 650,000 people.– Seats are reapportioned after every Decennial census

by the Bureau of the Census.

• Seats are apportioned (divided up) by a state’s population.

• Each state is guaranteed at least one seat. (7 states have 1 rep., Alaska, Delaware, Montana, N. Dakota, S. Dakota, Vermont, Wyoming).

• The territories of DC, Guam, V.I. and Amer. Samoa have a delegate that represents them. No voting rights.

• Puerto Rico has a resident commissioner.• Art. I, sect. 2– 2 year term of office, no term limits2010 Districts

1

• CONGRESSIONAL DISTRICTS• 435 Congressional Districts.

– 7 are “at-large” districts (when everyone in the state votes for their Congressman)

– the remaining 428 seats are divided up among the other 43 states.– **Until 1842 most states elected their Congressmen by the “at-large”

system (General Ticket). • It was unfair because it over-represented certain groups; rural regions over urban

and it gave a big advantage to the majority party in the state.– **1842 Congress passed a law requiring single-member districts.

• State legislatures have the responsibility of drawing Congressional District boundary lines.– 1872 Congress proclaimed that each district be as equal in population as

practical.– 1901 Congress declared that each district be “compact.”

• This has led to a political phenomenon called “Gerrymandering”.

• GERRYMANDERING• This is when Congressional districts are drawn to benefit one party over

another. Elbridge Gerry.• It takes two forms:• “Packing”—concentrate the opposition’s voters in one or a few districts, thus

leaving the other districts comfortably for the dominant party• “Cracking”—to spread out the opposition as thinly as possible.• The main goal is to create as many “safe districts” as possible.

• THE SUPREME COURT’S VIEW ON GERRYMANDERING AND APPORTIONMENT:

Wesberry v. Sanders, 1964• This case ruled that Georgia’s Congressional Districts violated Art. I, Sect 2, which

basically said every person’s vote should be equal. “One man –one vote”• Gomillion v. Lightfoot, 1960• This case ruled that gerrymandering by race alone violated the 15th Amendment.

Reaffirmed in Bush v. Vera, 1996• Hunt v. Cromartie, 2001, ruled that race can be a factor used to draw

Congressional used to achieve proper proportion. boundary lines, but it has to mix with other factors—race, income and party--

FORMAL AND INFORMAL QUALIFICATIONS FOR THE HOUSE

• FORMAL QUALIFICATIONS AND RULES• 25, 7 YEARS A CITIZEN, INHABITANT OF THE STATE.• TRADITIONALLY—RESIDE IN THE DISTRICT HE OR SHE REPRESENTS.• The House judges its own elections: it may refuse to seat a member-

elect, it may punish its members for disorderly behavior.• 1900 Brigham Roberts, Utah, was refused his seat for being a

polygamist.• 1969 Adam Clayton Powell, NY, was refused his seat for bad behavior

before the election, he sued • POWELL V. MCCORMICK, 1969.

– S. Ct. ruled the House could not exclude an elected member who met all the Constitutional requirements.

• The House has expelled 5 members since 1789. 3 for supporting the Confederacy during the Civil War, Michael Myers, Pa. 1980 for corruption and James Traficant, Ohio, 2002 for bribery and fraud.

INFORMAL QUALIFICATIONS• Party Identification• Name familiarity• Gender• Ethnicity

• CONGRESSIONAL ELECTIONS:• Tuesday after 1st Monday in Nov. of every even-

numbered year.• In “off-year elections” (Pres. not being voted on)

party in power generally loses seats.

• THE SENATE FACTS: 1/3 OF THE SENATE USED TO SERVE IN THE HOUSE. NO CURRENT MEMBER OF THE HOUSE EVER SERVED IN THE SENATE. MOST HOUSE MEMBERS VIEW THE HOUSE AS A SPRINGBOARD TO THE

SENATE. NICKNAMED THE “MILLIONAIRE’S CLUB”

SENATE SIZE, ELECTION AND TERMS

• SIZE:• Constitution says there will be 2 senators from each

state.• First senate had 22 members, today there are 100.• The Framers hoped the Senate would be an elite,

enlightened and responsible body.• To reinforce this belief the Framers gave Senators a

longer term of office—6 years and stricter qualifications.

• Since they represent the whole state, they generally represent a more diverse constituency.

• ELECTIONS:• Originally Senators were chosen by the State

Legislatures. The Senate fought changing that until 1913 with the ratification of the 17th Amendment.

• Today they are chosen by the voters in the November general elections.

• SENATE TERM:• Serve 6 year terms, with no term limits.• Strom Thurmond (SC) was elected 9 times• Senate terms are staggered, 1/3 of the Senate is up for

election every two years. This means the Senate is in continuous session.

• Reasons for the 6 year term:– -Less subject to public opinion.– -Less likely to be persuaded by special interest groups or

lobbyists.– -insulates them from daily politics.

• Senators constituency= the entire state.• Since there are only 100 senators it enables them to be

more well known—therefore more in a position to run for the presidency.

• QUALIFICATIONS AND PUNISHMENT:• Formal Qualifications:• Punishment-• Reprimand--”Disorderly behavior”—majority vote• Censure– Severe disorderly behavior– majority vote• Expulsion– Irreprehensible behavior --2/3s vote.

– 15 have been expelled.• Some have resigned for misconduct.

SALARY AND COMPENSATION

• SALARY• $174,000 • Speaker- $223,500• Pro Tempore, Majority and Minority leaders--$193,400

THE JOB OF BEING A CONGRESSMAN• MEMBERS OF CONGRESS PLAY 4 MAJOR ROLESMEMBERS OF CONGRESS PLAY 4 MAJOR ROLES• 1. Representatives of the people1. Representatives of the people: : How they vote---How they vote---

– TrusteeTrustee– they use their judgment and experience to determine their vote. Foreign – they use their judgment and experience to determine their vote. Foreign policy and major military affairs.policy and major military affairs.

– Delegates—Delegates—vote the way their constituents want them to regardless of their view. vote the way their constituents want them to regardless of their view. Social and economic issues especially close to elections.Social and economic issues especially close to elections.

– PartisansPartisans– vote purely on party lines. Important issues as in abortion, gun control, – vote purely on party lines. Important issues as in abortion, gun control, and health care.and health care.

– PoliticosPoliticos—balance all the different attitudes together.—balance all the different attitudes together.• 2. Committee Members2. Committee Members::

– As committee members they screen proposals. As committee members they screen proposals. – Determine if the bill has enough merit to go before the full House or Senate for Determine if the bill has enough merit to go before the full House or Senate for

consideration.consideration.– Committees also serve as an oversight function concerning the various agencies that Committees also serve as an oversight function concerning the various agencies that

work for the president.[ And investigate abuses of power].work for the president.[ And investigate abuses of power].• 3. Servants3. Servants::

– Aid their constituents who have problems with the government bureaucracy—not Aid their constituents who have problems with the government bureaucracy—not getting social security checks, not being treated right in the military, passport getting social security checks, not being treated right in the military, passport problems, getting nominated to a Service Academy. problems, getting nominated to a Service Academy.

• 4. Politicians:4. Politicians:– Working within the government to help their own chances of getting re-elected.Working within the government to help their own chances of getting re-elected.

CONGRESSIONAL LEADERS

• HOUSE LEADERS• Speaker of the House— John Boehner (R-Ohio)• Majority Leader— Eric Cantor (R-Va)• Minority Leader— Nancy Pelosi (D-Cal)• Majority Whip— Kevin McCarthy (R-Cal)• Minority Whip— Steny Hoyer (D-Md)

• SENATE LEADERS• President of the Senate— Joe Biden (D-Del)• President Pro Tempore— Patrick Leahy (D-Vt)• Majority Leader—Harry Reid (D- Nev)• Minority Leader—Mitch McConnell (R-Ky)

MEMBERSHIP PRIVILEGES• Legislative Immunity (all crimes except felonies)• Free from libel and slander when speaking on matters of

Congressional business in the capitol building when Congress is in session..

• CONGRESSIONAL POWERSCONGRESS HAS THREE BROAD CATEGORIES OF POWER:1. EXPRESSED POWERS-

A. Powers listed in Article I, section 8, clauses 1-17.Gibbons v. Ogden, 1824.

2. IMPLIED POWERS- A. Powers deduced from Art. I, section 8, clause 18.

1st Bank of the US debate. B. Those who oppose it—Strict Constructionists

T. Jefferson and J. Madison C. Those who favor using it—Loose Constructionists.

A. Hamilton, G. WashingtonD. McCulloch v. Maryland, 1819.

3. INHERENT POWERS- A. Powers that are part of being a legislature. To make

law, conduct investigations and inquiries.B. Power of impeachment. (President and Federal Court Justices)

1. charges brought by the House 2. Senate serves as the jury.

HOW A BILL BECOMES LAW C.12

• TYPES OF LEGISLATION

• TYPES OF COMMITTEES

• HOUSE ACTION

• SENATE ACTION

• PRESIDENTIAL ACTION

TYPES OF CONGRESSIONAL LEGISLATION• 1. BILLS:• HOUSE AND SENATE BILLS:

– BILLS ARE PROPOSED LAWS, NEED TO PASS BOTH HOUSES AND REQUIRE PRESIDENTIAL SIGNATURE.• PUBLIC BILLS- • PRIVATE BILLS-

• 2. RESOLUTIONS:

• JOINT RESOLUTIONS:– HAVE THE FORCE OF LAW, NEEDS TO PASS BOTH HOUSES AND HAVE

THE PRESIDENT’S SIGNATURE.

• CONCURRENT RESOLUTIONS:– DO NOT HAVE THE FORCE OF LAW, NO PRESIDENTIAL ACTION, BOTH

HOUSES HAVE TO AGREE.

• HOUSE OR SENATE “SIMPLE RESOLUTION”:– DOES NOT HAVE THE FORCE OF LAW, DOES NOT NEED AGREEMENT

FROM BOTH HOUSE.

CONGRESSIONAL COMMITTEES• “Congress is a collection of committees that comes together periodically

to approve one another’s actions”

• 1. STANDING COMMITTEES:• They are permanent committees. They are based on

“subject matter”.• 19 in the House and 17 in the Senate. • And there are 4 Joint Standing Committees.

• [Examples: Agriculture, Science, Environment and Public Works, Veterans Affairs, Ways and Means. (P. 330)]

• House committees have between 10 and 75 members, Senate committees 14 to 28.• Bills receive their most thorough consideration in committees. The fate of a

bill is decided here.• Bill are sent to their appropriate committee by the Speaker of the House.• Each committee is led by a chairman, who is chosen by the majority party

and by seniority.

OTHER COMMITTEES

• 2. THE HOUSE RULES COMMITTEE• 13 member committee.• The “traffic cop” of the House.• Before a bill can go to the full House for consideration

(debate and vote) it must clear the Rules Committee.• The Rules Committee puts a bill on its proper calendar.• The Senate has no rules committee, the majority

leader plays this role there.

• 3. SELECT COMMITTEES• These are committees created for special purposes and

a limited time. Found in both the House and the Senate.

• Members are appointed by the Speaker.• Their main job is to investigate. Examples: Watergate

Committee and Iran-Contra Committee.

COMMITTEES CONTINUED

• 4. JOINT AND CONFERENCE COMMITTEES

• They are composed of members from both the House and Senate.

• Usually are formed when both Houses have created special committees to investigate the same matter.

• ***They are also formed when a bill passes both Houses but in different forms– Conference Committee, its job is to iron out the differences in the bill.

History in the Making 1987: Iran-Contra Affair

HOW A BILL BECOMES LAW• HOUSE ACTION:• 1. INTRODUCTION- THE PROPOSAL IS PLACED IN THE “HOPPER”• THE CLERK NUMBERS THE BILL OR RESOLUTION –H.R.#1, GIVES IT A

SHORT TITLE, AND IS ENTERED INTO THE HOUSE JOURNAL—1ST READING.– The bill is then printed for all members of the House.

• 2. THE BILL IS ASSIGNED TO ITS PROPER COMMITTEE BY THE SPEAKER.• IN COMMITTEE:

– “PIGEONHOLED” THE FATE OF MOST REQUEST BILLS.– REPORTED FAVORABLY WITH A “DO PASS” RECOMMENDATION.– REPORT THE BILL IN AN AMENDED FORM.--attach a rider.– REPORT THE BILL WITH AN UNFAVORABLE RECOMMENDATION.– REPORT A COMMITTEE BILL (one completely written by the committee).

LAW• 3. CALENDAR (Rules Committee does this)

– UNION CALENDAR— TAX BILLS, APPROPRIATIONS, GOVERNMENT PROPERTY. • SCHEDULED FOR THE EARLIEST TIME AVAILABLE.

– HOUSE CALENDAR— ALL OTHER PUBLIC BILLS. • 2ND AND 4TH MONDAYS AND THURSDAYS.

– PRIVATE CALENDAR– ALL PRIVATE BILLS. • FRIDAYS.

– CORRECTIONS CALENDAR— MINOR BILLS WITHOUT OPPOSITION. • 1ST AND 3RD MONDAYS.

– DISCHARGE CALENDAR— PETITION TO DISCHARGE BILLS FROM COMMITTEE. WEDNESDAYS.

• 4. BILL TO THE FLOOR– 2ND READING– IMPORTANT BILLS —COMMITTEE OF THE WHOLE— [NEEDS A QUORUM OF 100]

ALLOWS THE ENTIRE HOUSE TO DEBATE, AMEND AND VOTE ON THE BILL SECTION BY SECTION.

– THERE IS A 5 MINUTE RULE FOR DEBATE IN THE COMMITTEE OF THE WHOLE. WHEN FINISHED THE FULL HOUSE IS BACK IN SESSION.

• 5. GENERAL DEBATE– THE HOUSE IS RECONVENED AND THE HOUSE WILL DEBATE THE BILL.– A MOTION CALLED TO “MOVE THE PREVIOUS QUESTION”—ENDS DEBATE.

LAW

• The bill is now printed in its final form—Engrossed.• 6. VOTING:The bill now receives its 3rd reading, is voted on.

Voting takes place on amendments, procedural motions, and on the bill itself. Unless it is an override of a presidential veto, all that is needed to pass a bill OR any motion is a simple majority.

• METHODS OF VOTING:• Voice votes—procedural motions. (If anyone thinks the Speaker has

miscounted the voice vote they can demand a standing vote.)• Electronic Voting (replaced Teller Vote)• Roll Call Vote—electronic scoreboard “Yea”, “Nay” or “Present”.• 15 minutes to vote.• 7. LAST STEP IN THE HOUSE:• If the bill is passed, it is signed by the Speaker and sent to the Senate.

POWERS

Lawmakingprocess

SENATE ACTION• INTRODUCTION• Senator who wishes to introduce a bill is formally recognized by the

President Pro Tempore for that purpose.• Titled and numbered, read twice then sent to its standing committee.• The full Senate Majority leader determines when the bill will be

discussed.• RULES FOR DEBATE• There is no time limit on debate in the Senate.

– There is a “two-speech” rule. No one can speak more than twice on impending legislation.

• “Filibuster”—is an attempt to “talk a bill to death”. It is done by the minority to delay or prevent Senate action on a bill.

• When a filibuster starts the doors to the Senate chamber are shut and locked. No one can enter but you can leave but not re-enter. – Longest one man filibuster in US History—Strom Thurmond—24 hrs. 18

minutes—Civil Rights Act of 1957.

SENATE ACTION

• RULE OF CLOTURE –Senate Rule XXII (1917)—response to the longest tag-team filibuster—3 weeks—defeated a wartime bill.– Rule of Cloture is used to limit debate to 30 hours. – Must be submitted by petition by 16 senators—passed by at least 60

senators. • Most of the time it is not supported because Senators like the tradition

of filibuster and if used a lot it will destroy the utility of filibuster.• FINAL STEPS:• The bill must pass both Houses in identical form.

– If passed in different forms—CONFERENCE COMMITTEE is created to hammer out the differences.

– The compromised bill can only be voted on “as is” in either House.• PRESIDENTIAL ACTION: (10 working days)• 1. sign the bill, it becomes law.• 2. veto, resubmitted to Congress, override with 2/3s• 3. No action within 10 days it becomes law.• 4. No action within the last 10 days of session the• bill dies—Pocket Veto.