The Legislative Branch Chapter 10, 11, 12

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1 The Legislative Branch Chapter 10, 11, 12 Though the President is Commander in Chief, Congress is his commander. This is not a Government of kings, but a Government of the people, and Congress is the people. U.S. Representative Thaddeus Stevens (1867) Congress Chapter 10 Chapter 10- Explores the function of Congress as the national legislature, the structure of each house, and congressional membership. Section 1- structure and function of Congress Section 2- structure and function of the House of Representatives Section 3- structure and function of the Senate Section 4- the background and roles of the members of Congress Section 10.1: To understand the place, the role, and the structure of Congress. Explain why the Constitution provides for a bicameral Congress. Describe a term of Congress. Summarize how sessions of Congress have changed over time. Flashcards Vocabulary Term Session Adjourn Prorogue Special Session Congress House of Representatives Senate Concept What makes up Congress? How does a special session differ from a regular session of Congress? Who has the power to prorogue a session of Congress?

2 I. The National Legislature A. Representative Democracy Through Congress Congress is charged with the most basic governmental function in a democratic society James Madison called Congress the first branch of the National Government b. The first and longest of the articles of the Constitution is devoted to the legislative branch B. Bicameralism Congress (1) All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. (Article I, Section1, Clause 1) 1. Congress consists of two houses b. 2. Historical British Parliament had a bicameral legislature since the 1300 s b. Framers were comfortable with this system (1) All but two assemblies and State legislatures were bicameral 3. Practical Connecticut Compromise (1) b. Reflection of Federalism (1) Each State is equally represented in the Senate

3 (a) (2) Representation proportional to its population in the House (a) 4. Theoretical The two houses of Congress act (1) Both have to pass bills (2) Both have to approve the others sine die adjourn (a) Sine die adjournment- b. C. Terms and Sessions of Congress 1. Term of Congress A term is the length of time between elections in Congress b. Congress began its first term March 4, 1789 and ended March 4, 1791 c. 20 th Amendment (1933) 2. Session (1) Communications and travel were no longer an issue 3. Special Session (1) Last time used was by President Harry Truman in 1948 to consider anti-inflation and welfare measures in the aftermath of World War II (2) Congress has been in session almost all years since then 4. Show video

4 10.2 Section Objective: To understand the structure, qualifications, and terms of members of the House of Representatives. Describe the size and the elective terms of the members oft eh House. Explain how House seats are reapportioned among the States after each census. Describe a typical congressional election and congressional district. Analyze the formal and informal qualifications for election to the House. Flashcards Vocabulary Apportion Reapportion Off-year Election Single-Member District At-Large Gerrymander Concepts How are the seats in the House of Representatives apportioned? When will the next two off-year elections occur? Explain the difference between a single-member district seat and an at-large seat. Why do politicians gerrymander districts? How did Wesberry v. Sanders change the makeup of Congress? II. The House of Representatives A. Size and Terms 1. Today there are 2. The total number of seats in the House shall be apportioned among the States on the basis of their respective populations (Article I, Section 2, Clause 3) Apportioned- 3. Each state is guaranteed at least one seat in the House 4. Representatives hold office 5. No limit exists on the number of terms representatives may serve B. Reapportionment 1. The Constitution directs Congress to reapportion the seats in the House every ten years as a result of the census Reapportion -

5 2. The Reapportionment Act of 1929 The number of seats in the House was fixed at 435, to be redistributed every ten years according to the census Congressional Elections 3. Date (1) 4. Off-Year Elections (1) The time was set so the election would not interfere with the harvest (2) It was on a Tuesday so the people in the country would not have to travel on Sunday to get to the polling places (3) It was on the Tuesday after the first Monday because if November 1 st fell on a Monday, businesses did their end of the month finances on the first Monday and therefore would not come out and vote on it 5. Districts (1) Presidential (2) Off-year election (3) Presidential (4) Off-year election (5) Presidential Members of the House are chosen by the voters in (1) - the voters in each district elect one of the State s representatives from among a field of candidates running for a seat in the House from that district b. Districts are drawn by

6 6. Gerrymandering (1) (2) 7. Wesberry v. Sanders, 1964 For many years, rural congressional districts with few people were over represented in the House, at the expense of urban and suburban districts b. The Supreme Court in the 1964 case, Wesberry v. Sanders, held that sections of states may not be over or under represented in Congress, upholding the principle that one person s vote should be worth as much as another s

7 C. Qualifications for House Members 1. Article I, Section 2, Clause 2 of US Constitution Members of the House must be at b. Have been a citizen for at c. Must be 2. The House judges the acceptability of individual members and may vote to censure or remove members 3. In Powell vs. McCormack (1969), the Supreme Court ruled that the House may not exclude any member-elect who meets the Constitution s requirements 4. Informal Amendment A member must live in the single-member district they represent 10.3 Section Objective: To understand the structure, qualifications, and terms of members of the Senate. Compare the size of the Senate to the size of the House of Representatives. Describe how States have elected senators in the past and present. Explain how and why a senator s term differs from a representative's term. Identify the qualifications for serving in the Senate. Concepts Vocabulary Continuous Body Constituency Colleague How did the 17th Amendment change the way that senators are chosen? How does a typical senator s constituency differ from that of a typical representative in the House? Why did the Framers set each senator s term at six years instead of two years? Compare the size of the Senate to the size of the House of Representatives. Describe how States have elected senators in the past and present. Explain how and why a senator s term differs from a representative's term. Identify the qualifications for serving in the Senate.

8 III. The Senate A. James Madison saw the Senate as a necessary fence against the fickleness and passion of the House of Representatives B. It is indispensable that besides the House of Representatives which runs on all fours with popular sentiment, we should have a body like the Senate which may refuse to run with it at all when it seems to be wrong- a body which has time and security enough to keep its head, if only now and then and but for a little while, till other people have had time to think. (Woodrow Wilson) C. Size, Election, and Terms 1. Size The Senate consists of b. Since the adoption of the 17 th Amendment in 1913, members of the Senate have been chosen by the people at regular November elections 2. Term Senators b. Senators are (1) Elected from the State as a whole, rather than from a particular district 3. Because Senators serve longer terms than house members and they represent the views of the entire state, Senators are expected to focus less on the interests of small locations, and more on the interests of their entire state and the nation 4. Constituencies- D. Qualifications for Senators 1. Article I, Section 3, Clause 2 of the US Constitution Senators must be at b. Must have been a c. Must be an inhabitant 2. The Senate judges the qualifications of its members and may exclude a member-elect by a majority vote 3. The Senate may punish members with a majority vote or expel them with a two-thirds vote

9 10.4 Section Objective: To understand the personal and political backgrounds, the duties, and benefits of members of Congress. Identify the personal and political backgrounds of the current members of Congress. Compare and contrast the duties oft eh job of serving in Congress. Describe the compensation and privileges given to members of Congress. Vocabulary Trustee Partisan Politico Oversight Function Franking Privilege Concepts How does the franking privilege help members of Congress? Why are members of Congress reluctant to pass laws that give them new benefits or higher pay? How does the oversight function demonstrate checks and balances? IV. The Members of Congress A. Personal and Political Background 1. Congress is not a representative cross section of the American people The average member of b. Most members are lawyers, though many have backgrounds in business, education, agriculture, journalism, or professional politics c. B. Duties of the Job 1. Members of Congress must act as: b. c. d. e.

10 2. Representatives of the People/ 4 Voting Options many members see themselves as holders of the public trust who must decide issues based on merit alone, and not based on the opinions of constituents or any other groups b. many members see themselves as agents of those who elected them and believe they should suppress their own views in favor of those of the electorate c. many members see themselves as bound to vote on issues according to the party platform and the wishes of party leaders d. many members attempt to balance the roles of trustee, delegate, and partisan e. all members of congress also must act as servants of their constituents, providing the people back home with a wide range of services, from making appointments to military academies, to helping companies in their districts obtain government contracts 3. Committee Members C. Compensation - the process by which Congress, through its committees, checks to see that the various agencies in the executive branch are working effectively and acting in line with the policies that Congress has set by law (1) 9/11 Committee 1. The Constitution says that members of Congress shall receive a Compensation for their Services, to ascertained by Law (Article I, Section 6, Clause 1) Congress sets its own pay b. 27 th Amendment modifies this by making the increase effective after the next congressional election c. The President s veto and voter backlash act to limit salaries

11 2. Salary Senators and Representatives receive salaries of $150,000 per year (1) Speaker of the House makes $187,500 which is the same as the Vice President (2) The Senate s president pro tempora and the majority and minority floor leaders in both houses receive $162,000 a year 3. Non-Salary Compensation Members of Congress receive a wide range of fringe benefits, from low-cost medical care, to free printing and distribution of speeches, newsletters, and other materials 4. Membership Privileges Members may not be arrested for misdemeanors while Congress is in session b. Members are immune from court action because of any speech they may make

12 + + = Chapter 10 Section 1 1. Explain the historical reason for Americans choosing a bicameral system. 2. Explain the practical reason for Americans choosing a bicameral system. 3. Explain the theoretical reason for Americans choosing a bicameral system. 4. What is a term of Congress? 5. What is a session of Congress? 6. How many sessions are in a term of Congress? 8 7. Define the following: Adjourn b. Special Session

13 Sections 2 and 3 Compare the House and the Senate by their characteristics Characteristics House Senate Size Term Length Date of Elections Qualifications Age Length of Citizenship Residence How Chosen Originally Today Section 2: Define the following: 17. Gerrymandering 18. Reapportionment 19. Off- year election Section 3: Fill in the blank 20. The Senate is a, that is, all of its seats are never up for election at the same time. 21. are the people and interests the senators represent. 21

14 13 Section 4 1. Roles Played by a Member of Congress b. c. d. e. 2. What does a legislator do? 3. What do members do as a part of a congressional committee? 4. How does a member of Congress act as a trustee? 5. How does a member of Congress act as a delegate? 6. How does a member of Congress act as a partisan? 7. How does a member of Congress act as a politico? 8. Compensation and Privileges 9. What is the current salary of a member of Congress? 10. What are some fringe benefits for members of Congress? 11. To what does the phrase cloak of legislative immunity refer? 12. Define the following: Constituency b. Oversight function

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