Topic 4 Structure and Functions of the Federal Government

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1 Congress Topic 4 Structure and Functions of the Federal Government Objectives 1. Explain why the Constitution provides for a bicameral Congress 2. Explain the differences between a term and a session of Congress 3. Describe a situation in which the President may convene or end a session of Congress 1

2 Key Terms Bicameral- a legislature made up of two houses Term- a two-year period during which the U.S. Congress meets, starting at noon on the 3 rd day of January of each odd-numbered year Session- for the U.S. Congress, the period of time during which Congress assembles and conducts business; there are two sessions in each term Convene- to begin or bring together Key Terms Adjourn- to suspend operations until the start of the next Congressional session Recess- to temporarily suspend business, such as a session of Congress Prorogue- to end or discontinue. The President has the power to prorogue a session of Congress Special Session- a Congressional meeting called to deal with some emergency situation 2

3 Introduction Why does the Constitution establish a bicameral legislature? Historically, it is modeled on the two houses of the British Parliament and colonial legislatures Practically, two houses were adopted as part of the Great Compromise Solved the dispute between large and small states at the Constitutional Convention over how they would be represented in the national legislature Theoretically, having two houses of Congress means that one house can check the powers of the other The National Legislature Congress turns the will of the people into public policy by passing laws Pictured here are Senate Majority Leader Harry Reid (D.-Nev.) and Speaker of the House John Boehner (R.-OH) 3

4 The National Legislature The Framers on the whole believed that Congress would be the most powerful branch of the federal government. The Constitution spends more time detailing the powers and structure of Congress than any other branch of government. Yet in U.S. history, Congress has perhaps been less admired by the American people than the Presidency. 4

5 Congress and Federalism Federalism involves the division of power between the central government and the states. The different roles taken by members of Congress are examples of federalism in the national government. Each state sends representatives to Congress who act in the interests of the citizens of that state At the same time, these congressional representatives must work together on behalf of all Americans to address issues of national importance Representation Each state is equally represented in the Senate and represented by population in the House Some critics argue that this structure gives too much power to the smallest states. 5

6 The U.S. Capitol The Senate The House of Representatives 100 members 435 members 6

7 Congressional Terms Beginning in 1789, Congress has met for two-year terms Originally, Congressional terms began and ended in March. This start date was changed to January 3 rd of every odd-numbered year by the 20 th Amendment Congress meets and conducts business twice in each term, holding one session each year The second session of a term often begins somewhat later than January 3 rd. Adjourning Congress During a session, Congress can choose to adjourn, or suspend its operations, until the next session Though Congress meets for most of the year, each house typically has a few recesses, or breaks, in a session Neither house can officially end a session without the approval of the other house The President can end a session of Congress, but only if both houses cannot agree on a date to adjourn. This power has never been used 7

8 Special Sessions The President can call one or both houses of Congress into a special session to deal with an emergency situation Only 27 joint special sessions have been called. The Senate has been called alone 46 times, while the House has never been called out alone. Special sessions are rarely called today since Congress meets for most of the year The President may threaten to call a special session if Congress has not acted on a measure important to the presidency 8

9 The 113 th Congress Current term runs Jan. 3, 2015 Jan. 3, 2017 The 113th Congress Freshmen Senate: 12 House: % of Congress 9

10 The 113th Congress Retired 10 Senators: 6 Democrats 3 Republicans 1 Independent 25 House Members: 4 Democrats 11 Republicans The 113th Congress Resigned 11 Members of Congress: 6 Democrats 5 Republicans Deaths 1 Death in Congress: Rep. Donald Payne (D-NJ) 10

11 The 113th Congress Women 98 Women in Congress Senate: 20 House: 78 18% of Congress The 113th Congress Service Longest Serving Senator: Patrick Leahy (D-VT) 32 Years Longest Serving Congressman: John Dingell (D-MI) 53 Years 11

12 The 113th Congress Average Age Senate: 62 House: 57 The 113th Congress Previous Occupations Lawyers Total: 173 Members Senate: 45 House: 128 Career Politicians Total: 64 Members Senate: 9 House: 55 Real Estate Total: 39 Members Senate: 7 House: 32 Physicians or Clinicians Total: 24 Members Senate: 4 House: 20 Blue Collar Laborers Total: 21 Members Senate: 4 House: 17 Homemakers Total: 21 Members Senate: 5 House: 16 12

13 The 113th Congress Previous Occupations Farmers/Ranchers Total: 15 Members Senate: 3 House: 12 Military Total: 13 Members Senate: 1 House: 12 This includes Tammy Duckworth (D-IL), a doubleamputee who served as a co-pilot of a Blackhawk helicopter in Iraq (Army) in Nov Clergy Total: 6 Members House: 6 Professional Sports Total: 5 Members House: 5 Congressional Committees Purposes of Committees: ** Committees are the key power centers in Congress Allows members of Congress to divide the work among smaller groups Committees select the few bills that are to receive further consideration Committees help the public learn about key problems and issues facing the U.S. 13

14 Congressional Committees Types of Committees: Standing Committee- permanent groups that deal with certain types of issues. (In both bodies of Congress) Chairperson of standing committee comes from majority party. Select Committee: Temporary committee that works on a specific issue and reports back to Congress. Ex: Organized Crime Joint Committee: Made up of members from both bodies. Act as study groups to report findings back to House and Senate. Conference Committee: Temporary committee that is setup when House and Senate have passed different versions of the same bill. Job is to resolve the differences between the 2 versions of the bill. OK Here s Keith Hughes Doin Some Teachin 14

15 The Birth of U.S. Politics John Green Congressional Apportionment Topic 4 Structure and Functions of the Federal Government 15

16 Objectives 1. Explain how House seats are distributed and describe the length of a term in the House. 2. Explain how House seats are reapportioned among the States after each census. 3. Describe a typical congressional election and congressional district. 4. Analyze the formal and informal qualifications for election to the House. Key Terms Apportion- to distribute seats in the House of Representatives among the States on the basis of their populations Reapportion- to redistribute the seats in the House every ten years-after each census Off-Year/Midterm Election- a Congressional election that takes place in between presidential elections Single-Member District- an election district from which voters elect a single state representative to the House of Representatives 16

17 Key Terms At-Large- an election system in which all candidates are elected from the state as a whole, rather than from a single district Gerrymander- drawing the boundaries of an election district so that it gives an advantage to the political party that controls the state legislature Incumbent- the person who currently holds a political office Introduction How are the seats in the House distributed and what qualifications must members meet?? There are currently 435 seats in the House Seats are distributed based on the population of each state, with each state guaranteed at least one representative Representatives must be at least 25 years old, have been a U.S. citizen for at least seven years, and reside in the state that they represent 17

18 Size of the House For many years the number of seats in the House increased as the country grew in population and new states were added The Reapportionment Act of 1929 fixed the House at 435 members Congress can change this number if it wishes Census The United States Constitution states: "[An] Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct." Every ten years the Census Bureau counts the national population The Census figures are then used to decide how many representatives each state will have until the next Census is taken Currently, each seat in the House represents about 700,000 people 18

19 Congressional Elections Representatives, like Rep. Tim Ryan (D., OH) pictured here, are elected every two years There are no limits on how many two-year terms representatives can serve Each state holds elections in November of evennumbered years 19

20 Congressional Elections Elections are held in nonpresidential years are called off-year or midterm elections Usually, the party that holds the presidency loses seats in a midterm election Congressional Districts Representatives are elected from single-member congressional districts The voters from each district can elect only one representative to the House The Westberry v. Sanders Supreme Court ruling in 1964 requires each district in a state to have similarsized populations High population states have more districts than small population states Some states have only one representative, so their district consists of the entire state 20

21 Gerrymandering What is gerrymandering and what is its purpose and result? Gerrymandering involves drawing the borders of districts to favor one political party Tactics include clustering the opponent party s voters in a few districts or spreading them out thinly over many districts Due to gerrymandering, only a few congressional districts in any election are actually at risk to switch their support from one party or another Gerrymandering

22 Ohio Congressional Districts Gerrymandering Answer these questions (write them down) after you finish your map: 1. Knowing what you do about the state of Ohio, what does the current district apportionment tell you about the population? 2. So do the voters choose their politicians or do politicians choose their voters? Why? 22

23 Formal Qualifications for Representatives Custom requires representatives to live in the districts that they represent Representatives must: Be at least 25 years old Have been a U.S. citizen for at least 7 years Be an inhabitant of the state from which he or she is elected The House has the power to refuse to seat an elected member, to punish members, and to expel them. Informal Qualifications These include factors such as gender, ethnicity, political experience, name recognition and party affiliation Being an incumbent is a big advantage more than 80% of those seeking reelection to the House won in the last election Being able to raise money is also a key. In 2008, the average cost of running a winning campaign in the House was over $1million Since the Citizens United decision, the cost has shot up 23

24 Paths to Congress Heath Shuler (D., NC) had no political experience before his election to the House in 2006 Shuler had been an NFL quarterback and owned a real estate business He was approached by both parties to run for office. Paths to Congress Ileana Ros-Lehtinen (R., FL) was the first Cuban American and Hispanic woman elected to the House in She holds a doctorate in education and founded a private elementary school She was elected to the Florida State legislature in

25 The U.S. Senate Topic 4 Structure and Functions of the Federal Government Objectives 1. Compare the size of the Senate to the House of Representatives. 2. Describe how senators are elected. 3. Explain how and why a senator s term differs from a representative s term. 4. Describe the qualifications for election to the Senate. 25

26 Key Terms Continuous Body- a political body in which all of the seats are never up for election at the same time Constituency- the people and interests represented by a politician Introduction How does the Senate differ from the House? The Senate has only 100 members, two from each state Members are elected to six year terms Senators must be at least 30 years old, have been a U.S. citizen for at least nine years and reside in the state they represent Senators are often seen as less subject to public pressure and more concerned about national issues than members of the House 26

27 Structure of the Senate The size of the Senate changes as new states are added to the Union The Senate began with 22 members in 1789 Senators tend to represent a much larger and broader range of citizens than representatives Each Senator represents his or her own entire state, while only seven representatives are elected atlarge from their entire state as opposed to a congressional district The Millionaire s Club Senators were originally elected by state legislatures rather than by popular vote In the late 1880s the Senate was called the Millionaire s Club because legislatures often elected wealthy political party and business leaders 27

28 The 17 th Amendment In 1913, the 17 th Amendment changed the way Senators are elected Senators are now elected by popular vote in statewide elections Only one senator is elected from a state during any given election Senate Terms There are no limits on how many six-year terms a Senator can serve Senate terms are staggered so that one third of them expire every two years All the seats in the Senate are never up for election at the same time If a senator dies, resigns, or is expelled, they are typically replaced by a person appointed by the governor of their state until a special election can be held 28

29 A Unique Role Senators are thought of as being more focused on national issues and are more likely to be seen as national leaders than members of the House. Why? Due to their longer terms in office, Senators are seen as less susceptible than representatives to the pressures of public opinion Senators represent larger and more diverse constituencies than representatives in the House, and can champion public policies that appeal to many Americans National Recognition Senators receive more national and home stet media exposure than members of the House Senators often use this publicity to help them launch presidential campaigns 29

30 Senators: Policy and Prestige Senators are Washington celebrities members are what is often called the world s most exclusive club Their names are frequently household words and their activities draw media coverage that allows them to call attention to issues they deem important Qualifications Senators must meet stricter requirements for office than members of the House of Representatives The Framers set these requirements, as well as the longer terms in office, because they wanted the Senate to be a more enlightened and responsible legislative body than the House 30

31 Informal Qualifications To be electable, Senators must also meet informal qualifications These can include party affiliation, gender, ethnicity, name recognition and being an incumbent Being able to raise millions of dollars is also vital for successful senate campaigns Al Franken s Neat Parlor Trick 31

32 Senate Discipline The Senate has the power to discipline its members or refuse to seat an elected member The Senate can expect a member with two thirds vote or punish them with a majority vote The Senate has expelled 15 members, most of them senators who supported secession during the Civil War The threat of expulsion or the embarrassment of being publicly denounced by the Ethics Committee has led some senators to resign Congressional Scandals in the News 32

33 Review and Quiz Now that you ve learned how the Senate differs from the House, draw a Venn Diagram showing differences and similarities of the two houses of Congress 33

34 Homework Paragraph Now that you ve learned how the Senate differs from the House, write a paragraph that answers this question: Whose views should members of Congress represent when voting? Roles and Functions of Congress Topic 4 Structure and Functions of the Federal Government 34

35 Objectives 1. Identify the personal and political backgrounds of members of Congress 2. Describe the duties performed by those who serve in Congress 3. Describe the compensation and privileges of members of Congress Key Terms Delegate- a lawmaker who acts as an agent of the people who elected him or her, Trustee- a lawmaker who acts based on their personal conviction and judgment Partisan- a lawmaker who acts in accordance with their party platform and party leaders Politico- a lawmaker who tries to combine the approaches of the delegate, trustee, and partisan 35

36 Key Terms Bills- laws proposed in Congress Floor Consideration- the process of considering and acting upon a proposed measure or bill on the floor of the House or the Senate Oversight Function- the process by which Congress, through its executive committees, ensures that executive branch agencies are carrying out the policies that Congress has set by law Franking Privilege- benefit that allows Senate and House members to mail letters and other materials postage free Introduction What roles and functions do members of Congress perform? Members of each house have five major roles. They act as: Legislators Representatives of their constituents Committee members Servants of their constituents Politicians 36

37 Overview of Members Congress is made up mostly of upper-middle-class Americans Most of the 535 members of Congress are married white men aged 50 or older who have college degrees and identify themselves as Christians The 114 th Congress has 100 women (first time ever), around 50 African Americans, 30 Hispanics, 10 Asian-Americans and one Native American The typical Senator is serving a second term, while the average Representative has served four terms. Average age is around 60 years old 37

38 Ways of Representing There are four broad ways in which lawmakers choose to represent the people when they vote on bills: Delegates Believe they should vote however their constituents want them to, even when it means going against the delegate s personal views or those of his or her own party Best example are convention delegates or even the electoral college Trustees Guided by their personal views on each specific, even if it may mean voting differently than their constituents may want Ways of Representing Partisans Place their political party first when deciding how to vote. They support the party platform and party leaders. Politicos Try to balance the other three approaches personal views, party loyalty, an the wishes of constituents when deciding how to vote Any of these approaches can place a congressperson in a difficult situation. It s hard to make everyone happy. 38

39 Committee Members Members of Congress do much of their work in committees Committee members must decide which bills will die in committee and which ones will move ahead and be voted on Committee members also provide oversight of executive branch agencies, making sure that they carry out the public policies set by law I m Just a Bill 39

40 Serving the People Members of Congress and their staffs help citizens of their districts and states deal with the federal bureaucracy There are many kinds of requests for aid from constituents. Some involve finding information or submitting it through proper channels, while many requests involve putting in a good word or recommendation on behalf of a constituent Failing to fulfill such requests can cost members votes in the next election Compensation Congress sets its own pay Today, all but a few Senators and Representatives with special titles earn about $180,000 per year The 27 th Amendment makes sure that pay raises don t take effect until the nest Congressional term 40

41 Fringe Benefits What do you think are some fringe benefits that Congress enjoys? Benefits include access to inexpensive health care, fine dining, free parking, and generous pensions Members receive funds to hire staff and run their rentfree offices. They can mail letters and other materials without postage- the franking privilege They can also print items for free, and produce radio and television spots at a lower price Privileges of Membership Members of Congress cannot be arrested for civil crimes while taking part in Congressional business Members of Congress cannot be charged with libel or slander for anything they say while conducting official business in Congress This protects the freedom of discussion and debate in Congress Members can still be punished for making false accusations verbally or in writing. 41

42 House Leadership Topic 4 Structure and Functions of the Federal Government Objectives 1. Compare the roles of the presiding officers in the Senate and the House 2. Identify the duties of the party officers in each house 3. Describe how committee chairmen are chosen and explain their role in the legislative process 42

43 Key Terms Speaker of the House- the elected presiding officer of the House and the leader of its majority party President of the Senate- the Senate s presiding officer President pro tempore- the elected Senate officer who presides in the Vice President s absence Party Caucus- a closed meeting of the members of each party in each house Floor Leaders- party officers who serve in each house Key Terms Majority Leader- the floor leader of the majority party in either house Minority Leader- the floor leader of the minority party in either house Whip- assistant floor leaders Committee Chairmen- the heads of the standing committees in Congress Seniority Rule- the unwritten custom that the party members with the longest records of service should hold the most important posts in Congress 43

44 Introduction How does the Constitution and party officers keep Congress organized? The Speaker of the House and the presiding officer of the Senate settle rules issues and direct the flow of floor debate The majority and minority leaders and whips organize party policy and voting on issues The committee chairs guide the passage of bills through each house Opening Day in Congress Congress begins a new term every two years, on January 3 rd of odd years In the House, the members select a Speaker, who takes the oath of office and swears in the other members The House then selects various officers such as the clerk These rules have developed for over 200 years and are occasionally amended and expanded 44

45 Opening Day in Congress The House then appoints the members of the 20 permanent committees Since only a third of the Senate is elected every two years, the newly elected members are simply sworn in and vacancies for officers and committees field The State of the Union The President delivers the State of the Union address to a joint session of Congress a few weeks after the session has started In addition to describing the general state of national affairs, the President describes the planned policies of his administration to Congress and the nation, requesting that Congress pass specific pieces of legislation 45

46 Speaker of the House The Speaker of the House is the presiding officer of the House and the leader of its majority party a powerful combination Rep. John Boehner (R.-OH) is currently the Speaker of the House Speaker of the House The Speaker presides and keeps order The Speaker chairs most sessions of the House. No member can speak on the floor unless recognized by the Speaker The Speaker interprets and applies rules and procedures, refers bills to committees, and puts motions to a vote The Speaker also names the members of all select and conference committees The Speaker DOES NOT schedule bills for House floor debates (the clerk does this) 46

47 President of the Senate The Constitution names the Vice President of the United States as the Senate s presiding officer The President of the Senate can recognize members, put questions to a vote, and so forth, but cannot take part in debates and votes only to break a tie The President pro tempore is a member of the Senate s majority elected to serve as Senate leader in the Vice President s absence Party Politics in Congress Congress is highly partisan It is organized along party lines, with key positions and committees controlled by the majority party in each house What is a party caucus? It is a closed meeting of the members of each party in each house The caucus discusses policy issues and selects the party s floor leaders and committee chairs 47

48 Floor Leaders The floor leaders are party officers in the House and Senate The majority leader represents the majority party in each house and controls the order of business on the floor including what bills are voted on The party whips are assistant floor leaders who help connect the party leadership with the rank-and-file members The whips count votes and help see that key members are present for votes House Leadership-114th Congress Majority Floor Leader Kevin McCarthy (R-CA) Majority Whip Steve Scalise (R-LA) 48

49 House Leadership-114th Congress Minority Floor Leader Nancy Pelosi (D-CA) Minority Whip Steny Hoyer (D-MD) Senate Leadership-114th Congress President of the Senate Joe Biden (D-DE) President Pro Tempore Orrin Hatch (R-UT) 49

50 Senate Leadership-114th Congress Majority Leader Mitch McConnell (R-KY) Majority Whip John Cornyn (R-TX) Senate Leadership-114th Congress Minority Leader Harry Reid (D-NV) Minority Whip Dick Durbin (D-IL) 50

51 Committee Chairs Committee chairs have a major say in what bills the committee considers, if public hearings will be held, and what witnesses will be called The Seniority Rule The seniority rule is an unwritten custom granting the most important posts in Congress, such as committee chairmen, to the party members with the longest service Critics say this rule ignores ability, discourages younger members, and limits fresh ideas Supporters say the rule ensures experienced leadership and is easy to apply without sparking debates 51

52 How a Bill Becomes a Law Topic 4 Structure and Functions of the Federal Government Objectives 1. Identify the first steps in the introduction of a bill to the House 2. Describe what happens to a bill once it is referred to a committee 3. Explain how House leaders schedule debate on a bill 4. Explain what happens to a bill on the House floor, and identify the final step in the passage of a bill in the House. 52

53 Key Terms Bill- a proposed law presented to the House or Senate for consideration Joint Resolution- measure similar to bills that have the force of law Concurrent Resolution- measure addresses by the House and Senate that lack the force of law Resolution- measure having to do with a matter dealt with by only one house Key Terms Rider- a provision attached to an important measure likely to pass Pigeonhole- to bury a bill in committee Discharge Petition- a petition that lets members force a bill onto the floor Quorum- a majority of the full membership Engrossed- printed in its final form 53

54 Introduction What steps does a successful bill follow as it moves through the House? A bill is introduced, receives a first reading, and is assigned to a committee The committee may hold hearings on a bill and amend it before reporting it to the floor On the floor, the bill receives a second reading and can be debated and amended before being voted on, printed, and receiving a third and final reading The First Steps Most bills are drafted in the executive branch or by special interest groups before being presented to members of Congress. Members often try to get support or cosponsors from other members before introducing a proposed bill. All tax bills must begin in the House. House members introduce bills by dropping them into a hopper on the clerk s desk. 54

55 Bills and Resolutions Public bills are measures that apply to the nation as a whole. Private bills are measures that apply to certain persons or places. Joint resolutions are special measures that have the force of law. They are used to deal with unusual or temporary matters, such as funding inaugurations or proposing Constitutional amendments. Bills and Resolutions Concurrent resolutions do not have the force of law. They are used when both the House and Senate want to state a position on an issue. Simple resolutions are used by each house to adopt or amend its rules. A rider is a provision tacked on to an unrelated bill, such as an appropriations bill, that is more likely to be passed than if the rider was on its own. 55

56 First Reading Each bill is numbered by the Clerk, given a short title summarizing its contents, and entered into the official record. After the first reading, the bill is assigned to a committee. Committee Actions A committee can: Report a bill with a favorable recommendation Pigeonhole the bill and kill it Pigeonhole it basically means setting it aside which means nothing happens to it kind of like waiting for teenagers to clean their rooms Report a bill with amendments Report the bill with an unfavorable recommendation Report a new bill from committee as a substitute A discharge petition lets House members force a bill that has stayed in committee 30 days on to the floor for debate 56

57 Scheduling Floor Debate A bill reported by a standing committee must be placed on one of five House calendars before it comes up for floor debate The Rules Committee then grants a rule on the bill, setting a time for it to appear on the floor By NOT granting a rule, the Committee can kill the bill Special rules can limit debate on a bill The Bill on the Floor Minor bills get a brief second reading and are passed or defeated Major bills (like the Affordable Health Care Plan aka Obamacare) are addressed on the House floor by the Committee of the Whole, which consists of at least 100 members The House session is suspended as the Committee reads the bill section by section, debating and possibly amending each section The House then returns into session to adopt the completed bill 57

58 Debate on the House Floor House members must have unanimous consent to speak for more than an hour The Speaker can force a member to give up the floor Any member can move for an up-ordown vote on an issue at any time Voting in the House There are four types of votes that the House can take: Voice votes in which the Speaker counts the yes and no votes (guessing, really) A standing vote, where those in favor and against are counted by the ckerk A roll-call vote that goes member by member can be demanded by one-fifth of the members present The rare teller vote has a teller count the votes for each party 58

59 Voting in the House The House now uses a computerized voting system that shows instantly how each member has voted Members have 15 minutes to cast their votes The Senate does not use electronic or teller votes Voting in the House Once a bill is approved, it is printed and given a third and final reading before being sent to the other house (Senate) Hey Bill, you re not a law yet! 59

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