Chapter 10

 

Article I - The Legislative Branch

(Congress)

 

 

-There are 2 Sessions to each Term of Congress - 1 each year

 

- 20th Amendment - "Congress shall assemble at least once a year , beginning on Jan 3" and adjourn when it sees fit to do so.

 

- last 40 years it has stayed in session most of the year.

reason:   increased domestic issues and foreign issues

 

-Congress cannot adjourn without consent of each other "sine die"

 

 

-  if an adjournment date cannot be reached, The President has the power to adjourn or Prorogue a session

 

-during and emergency, the President has the power to call a special session 

 

 

 

1) House of Representatives

-Based on population

-1 representative = 550,000 people

 

Qualifications:

a) 25 years old

b) citizen for 7 years

c) resident of state or district

 

Term of Office: 2 Years

 

 

House can censure members found committing disorderly behavior, but

Powell v McCormick(1969) Congress could not exclude because he is a representative of the people

 

 

Article I, Section 2 determines the amount of representation afforded each state (apportionment)

 

-each state must have at least one representative

 

-The Constitution directs Congress to reapportion or to redistrict after a Decennial Census (conducted by the Census Bureau - an Executive Branch Office)

 

-states lose or gain Representatives by redistricting and through census

1990 Census

 

 

New York -31 (33 electoral)

California -52 (54 electoral)

 

2000 New York 29 (31 electoral)

       California 53 (55 electoral)

 

-A decennial census determines the amount of Representatives for each State.

 

 

 

6 States have only 1 Representative

There are 435 members of the House

a fixed number, 1 for each district

 

427 districts within 42 states

 

 

Reapportionment Act of 1929

 

 

 

Gerrymandering the re-drawing of district lines for the purpose of absorbing or isolating political districts and strengthening the majority party.

 

1           to concentrate the oppositions voters into a few districts

 

1           to spread the opposition

 

 

Wesberry v Sanders (1964)

The High Court ruled that Georgias redrawn Congressional Districts were in violation of the Constitution.

The Court established the 1 man,

1 vote right of every American 

**

 

Congress's Function

 

1) Legislators - a) make laws

b) introduce laws

c) declare war

d) coin money

 

2) Committee Members

- serve on committees that propose bills;   - spend money

- ways and means

- Finance and ethics

 

3) Represent their constituents

a) carry out the people's will

b) carry out what they believe in

 

4) Servants of their Constituents

They look out for those represented

 

 

 

 

5) Politician

They support the ever changing will of the people.  Ignoring them costs votes.  They are aware of this and constantly work to be re-elected   

 

 

Congressional (House) elections are held every 2 years on the 1st Tuesday of November - even years

 

-all seats are up for grabs

- 218 seats = majority

 

Also in the House

- 1 delegate representing D.C., Samoa, Guam, US Virgin Islands

-Puerto Rico has a non voting Resident Commissioner

                 ***

 

2) The Senate - Equal representation from each State (2) Total = 100

 

Qualifications:  a) 30 years old

b) Citizen for 9 years

c) resident

 

Senators are elected for 6 year terms

Senatorial elections are held every two years with only 33 or 34 seats up for election at a time.

 

Important functions of the Senate

a) Legislation

b) Approve appointments and Treaties

( advise and consent)

 

Congressional Powers Summary

1) power to tax

2) control commerce

3) print currency

4) borrow money

5) declare war

6) foreign relations

7) special judicial powers

 

 

Article I Section 8 - Elastic Clause

 

Congress has the power to make laws that are "necessary and proper" to execute its authority

 

Object of many debates between

"strict and broad" interpretations

 

Precedents are initial

interpretations

 

Clause was established and confirmed by McCulloh v Maryland (1819)

   Establishment of a National Bank

 

 

 

 

 

Article I Section 9

(Protection and Prevention against an all-powerful government)

 

 

Writ of Habeas Corpus

A judge may release anyone who is held without just cause

 

Bills of Attainder

A Royal practice of pronouncing someone guilty without a trial or eliminating enemies of state

 

Ex Post Facto Laws

Laws past after crimes were already committed

 

 

 

House of Rep             Senate

 

435          Members     100

 

2 years      Terms        6 years

 

Districts    Constituency  State

 

Younger      Age            Older

 

Less           Prestige       More

 

Lower          Visibility   More

 

Rigid Rules    Rules      Less

 

More           Committees   Less

 

Strict         Floor Rules    Less

 

 

                 ***

 

Compensation for a Senator or a Congressman

 

Each representative receives the same pay(both House member and Senator)

 

Speaker of the House

Vice-President        > Same Pay

 

President pro temp

   of Senate

Floor majority leader   

> Same Pay

Floor minority leader

 

 

 

Fringe Benefits

Each member is allowed a tax deduction to help up two residences "Home and DC"

 

- Liberal Travel Allowance

- Great life Insurance Benefits

- Medical care at the Capitol

- Full Health care at a Military Hosp

- Generous Pension plan

- Office Space allowed "home" and DC

- Franking Privileges (Mail)

- Parking, Printing Perks

Extras = $25,000

 

also

 

 

 

1. Cannot be harassed by Government

2. Protection from doing their duty on a Committee

3. Legislative Immunity- Protection from character defamation and civil suits while performing their jobs

 

 

 

                 ***

 

 

 - Congress in action

 

Congress is a distinct political body

 

1) Because Congress is the nation's policy maker

2) Because of partisanship in its makeup

 

 

* Both Houses are organized along    party lines.

 

The House of Representatives

 

Speaker of the House

- the leader of the majority party in Congress

- He is the senior member of his party and is chosen prior to Jan 3 at a party caucus or conference

- He follows the Vice- President in the line of Presidential Succession

- He interprets and applies rules

- refers bills to standing committees

- rules on points of order

- determine the outcome of most votes taken (very powerful)

- he can debate on any issue but must temporarily remove himself from the chair and appoint a

pro tempore

- he can vote on a tie or cause one (which defeat a bill)

 

The Senate

 

- The Vice-President of the United States presides over the Senate.

- In his place or absence, the leader of the Senate's Majority Party or the President Pro- Tempore presides in his place.

 

Floor Leaders

 

Majority Party Leader - not an official position but a party appointment

 

Majority Whip - assistant to the floor leader

 

Minority Party Leader - looks out for minority party's interest

 

Minority Whip - his assistant

 

 

                 ***

The House of Representatives has 22 Standing Committees(page 320) with 12 to 15 members on each committee

- Committee representation usually resembles the ratio of Congress's two  political parties.  House members can serve on one major Committee.

 

- Committee Chairs are appointed through the unofficial seniority system.  He is long term  member of Congress and of the party.

The majority party controls the committee.

 

- There are about 140 sub committees.  They are committees within committees.  They often conduct on the spot investigations on bills or issues.

 

The House Rules Committee

 

- very powerful 13 member committee.  It manages the flow of bills for action by a full House.

 

- Rules Committee can speed, delay, or prevent the House from consideration of a measure.

 

Select Committees

 

- Deal with specific issues.  Chairs and membership appointed by the Speaker and majority leaders.

 

 

The Senate

 

-16 Standing Committees - same criteria as the House

- Senators can serve on two major committees

- less rules and regulations in the Senate

- Select Committees - same as the House.

 

Joint Committees

 - Membership consists of both Houses

 

Conference Committees -  a joint committee for a temporary problem 

Also used in drafting the final stages of a bill before it leaves the Legislative Branch.

 

 

How a Bill becomes a Law- page 333

 

- of 20,000 bills introduced to the House and Senate - 10% become law

 

-Bills are proposed laws, drafts

 

a) public bills- effect the nation as a whole eg. arms production

b) private bills- apply to certain people or places

c) joint resolutions- deal with unused or temporary matters of both Houses

d) concurrent resolutions- deal with the matters for which law is not needed.

e) resolutions- deal with individual House matters on rules and procedures

 

Route - Committee Stage - where many      bills die

 

sub-committees - Options

 

1. Report favorably on a bill

2. Refuse to report - "Pigeonhole"

3. Report in amended form

4. Report with an unfavorable    recommendation

5. Report with a "committee bill" -   changed bill on the same subject

 

House quorum 218 members

House as a Committee of the Whole-

100 Members

 

Debate may last for one hour - strict regulation.

 

@

In Senate debate is singular - less committee regulations.

 

Filibuster-  used in the Senate to talk a Bill to death

 

A senate member can hold the floor as long as he does 1)not sit down

 2)continues to talk

 3)not yield the floor

 

A senator, while holding the floor can yield it for

a) a question

b) a point of order

   c) personal privilege