The Legislative Branch and Domestic Policy. POLS 103 Unit 2 Week 7-8

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1 The Legislative Branch and Domestic Policy POLS 103 Unit 2 Week 7-8

2 The Institutional Design of Congress Unit 2

3 BICAMERAL Legislature!

4 The House of Representatives Elected Via Popular vote. 2 year term No term limits Originally intended to represent the will of the people

5 The House of Representatives Continued 1. States are divided into congressional districts 2. # of based on population 3. Smallest: One Representative 1. Alaska 2. North Dakota 3. South Dakota 4. Montana 5. Wyoming 4. Largest: 1. California 53 Representatives

6 House of Representatives Continued 435 Members Total - Set By law in Orig. 1 per 30,000 (this would mean over 10,000 reps today!)

7 Reapportionment Because # of Reps is set by law Census every ten years States may lose, gain or stay the same Districts redrawn before next election Most states allow legislature to draw them Partisanship

8 Gerrymandering Partisanship rules when redistricting Attempts to maximize number of Safe seats for your party while keeping other parties from competing CA passed law in 2010 to have districts re-drawn by a non-partisan commission, it s worked relatively well.

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10 Qualifications 25 years old American Citizen for 7 years Live in state you represent

11 The United States Senate 1. Originally Elected by State Legislatures th Amendment (1913) 3. 6 years 4. No Term Limits 5. Rotating Schedule 6. Originally intended to represent the needs of the States

12 Senate: apportionment 2 Per State 100 Total Any added state gets 2. No Law setting size

13 Senate: Qualifications 30 Years Old American Citizen for 9 Years Resident of State Representing

14 The Job $174,000 Per Year ( ) Retirement Benefits Office Space in DC and at home Staff Travel Opportunities and Allowances to go home Free Mail to Constituents Exercise Rooms Research Services at the Library of Congress

15 Key Differences House of Representatives 1. More Partisan 2. Stronger Leadership 3. Less Prestige 4. Less Turnover 5. Seniority Rules 6. Limited Debates United States Senate 1. Less Likely to be Partisan 2. Weaker Leadership 3. More Prestige 4. Moderate Turn over 5. Not based on Seniority 6. Unlimited Debate (Filibusters)

16 Who Holds Congress?: Surge and Decline Theory The President s party consistently loses seats in congress during midterm elections, especially during 1 st terms. Exceptions: /11, Americans upset about impeachment of Bill Clinton

17 Our Congresspeople and Types of Representation Unit 2

18 Senator: Dianne Feinstein Democrat Elected 1992 Senate Select Committee on Intelligence Senate Committee on the Judiciary (Ranking Member)

19 Senator: Kamala Harris Democrat Elected 2016 Former CA Atny Gen. Homeland Security and Governmental Affairs Committee Select Committee on Intelligence

20 Representative: Salud Carbajal 24 th Congressional District Democrat Elected 2016 Retired Marine Once referred to Lompoc as the armpit of CA Focused on Immigration/ protecting undocumented immigrants and the environment

21 Types of Representation: Delegate Model Delegates must employ some means to identify the will of constituents and vote accordingly Polling Not permitted to use own reason or judgement while acting in Congress By the will of the people

22 Types of Representation: Trustee Model Originates with 18 th Century politician, Edmund Burke Use will of constituents, party consensus, party leadership, powerful interests, and personal views to determine how to act. Official is trusted to make the right judgement Uses conscience and best judgement

23 Types of Representation: Political Model Balance of Both Ration and political calculations Follow own sense of what is right until the public becomes involved in the issue. Once public is involved, should follow the will of the people.

24 Types of Representation: Resemblance Model AKA: Descriptive Representation When people feel that they are not properly represented unless their representative is of the same racial, ethnic, socio-economic, gender, or sexual identity

25 Issues with Legislative Branch: Lobbyists Job: to Sway politicians votes to vote they way they want them to Must follow certain rules, Must register with the government Work for: Large Corporations, Private Individuals, General Public, Interest Groups More on them at a later date

26 Issues: Effectiveness Multitude of Special Interests High level of Partisanship Lack of desire to please anyone but Constituents Strong incentive to please Constituents Pork Barrel Spending Suppose you were an idiot; and suppose you were a member of Congress; but I repeat myself Mark Twain It is widely believed in Washington that it would take Congress thirty days to make instant coffee. David Brinkley

27 Term Limits Career Politicians= Bad? House of Representatives ( ): 93% Re-election rate! Senate ( ): 87.4% Re-election rate!

28 Term Limits Pros Cons Help insure that citizens will frequently have new choices when selecting their leaders Incumbents can become corrupt or take advantage of the taxpayer Citizens should be able to choose their leaders without restriction Lobbyists have an easier time persuading and influencing new and inexperienced officials Does not give enough time to learn their job

29 The Powers of Congress Unit 2

30 Categories of Congress Powers Legislative Powers Any and all powers related to law making Examples Passing laws Proposing amendments Taxation Raising Minimum Wage Copyright law Non-Legislative Powers Powers that are not related to law making Examples Impeachment Elected and appointed Executive Branch officials Judges Coining Money Declaring War

31 Expressed Powers Directly Stated In Constitution Article 1 Section 8 Includes: Raising and collecting taxes,borrowing money, regulating commerce, creating laws, coining money, setting up courts, declaring war, establishing an Army and Navy, punishing pirates, run all federal properties, set up copyrights and patents, set up and run a post office

32 Implied Powers Necessary and Proper A1 S 8 C 18 Elastic Clause Stretch Powers to meet new needs Ex: Creating an Air Force Price of Stamps Creating a military draft Setting a minimum wage

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34 Inherent Powers Powers that must be assumed to exist as a direct result of the country s existence. EX: Regulating Immigration/Protecting the borders

35 Limits To Congress s Power Can not Suspend Habeas Corpus Can not pass Bills of Attainder Can not pass ex post facto laws

36 Impeachment Non-Legislative Power Rarely Used Only 2 Presidents Impeached, neither removed

37 Impeachment Process Crime or Misconduct Treason, Bribery, or other high crimes and misdemeanors House Accuses, Votes to Impeach To Indict Majority Vote Sent to Senate if Maj. Vote

38 Impeachment Process: 2 Senate Holds Trial, acts as Jury Supreme Court Chief Justice presides 2/3 Must vote to convict to remove from office: 67/100 Official Removed from office Criminal Trial can begin afterwards. If President, VP automatically becomes President

39 Musings on Impeachment An impeachment conviction =/= criminal conviction A person can be impeached after leaving office Punishment: forbid them from ever holding public office again The impeachments and near impeachments of president s have all been extremely partisan in nature That does not mean that the accused person was innocent Except Nixon, less partisan.

40 Non-Elected Members of the Legislative Branch Unit 2

41 Gathers Information Handles Requests from Voters Deals with Media and Lobbyists Personal Staff

42 Similar to Personal Staff, but does the work for Committees Draft Bills Gather Info Organize Committee Hearings Lobbyists Committee Staff

43 Support Services

44 Finance and Budget General Accounting Office (GAO) Congressional Budget Office (CBO) Non-partisan Uses the data provided to them

45 Committee Research Search the internet to discover the committees that make up congress and answer the following committees What is the purpose of a congressional committee? How many committees are in the H.o.R.? How many committees are in the Senate? How many Joint committees are there? What is a Joint committee? Write a 1-2 sentence explanation of the duties of each Joint Committee Pick One House Committee and One Senate Committee and answer the following for each Name Committee Chair (Political Party) What does the committee do? What is the committee currently working on?

46 How a Bill Becomes a Law Unit 2

47 LEGISLATION INTRODUCED H O U S E O F R E P R E S E N T A T I V E S Handed to Clerk of House, placed in a hopper S E N A T E -Recognized by presiding officer -If anyone objects, postponed until next day

48 1. Assigned a Number (HR 1 or S1) 2. Labeled with Sponsor s name 3. GPO makes Copies

49 1. Bill Sent to Committee 1. Can be split up 2. Can Kill the bill by not acting on it 3. Vote to move from committee to floor

50 THE STEPS OF COMMITTEE 1. Comments on bill s merit 2. Assigned to subcommittee 3. Hearings 4. Vote: Ordered to be Reported 5. Mark-up session 6. Written Report 7. House: Rules Committee 1. Closed Rule

51 FLOOR ACTION: CALENDARED H O U S E 4 House calendars Order they are reported Speaker of House decides when debated S E N A T E Legislative Calendar Majority Leader schedules Maj. Of senate choses when

52 FLOOR ACTION: DEBATE H O U S E Limits -Set by rules committee Time divided equally No-riders allowed 218 present for vote S E N A T E Unlimited Debate -Cloture -Filibuster - Nuclear Option

53 When passed goes to other chamber Conference Committee

54 CONFERENCE COMMITTEE 1.Works out differences in legislation 2.Conference Report 3.Approved by both House and Senate

55 THE PRESIDENT 1. Becomes Law 1.President Signs 2.President does not sign within 10 Days and congress is still in session 2. Pocket Veto 1.Congress adjourns before 10 days, and president does not sign 3. Veto 1.Note listing reasons 2.Originating chamber can try to override 3.2/3 rd vote to override 4.Other chamber then must vote to override 5.Becomes a Law

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