Congressional Membership Section 1

The Organization of Congress Chapter 5

Introduction The Founders did not intend to make Congress a privileged group. They did intend to make the legislative branch the most powerful of the three branches. Congress is described in Article I. James Madison said that Congress is the First Branch of Government. The United States Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Congress formulates national policies ranging from health care to tax changes.

Congressional Sessions 1 session + 1 session = 1 term Each term of Congress begins on January 3 of odd- numbered years and lasts for two years. The 112 th Congress began this year (Jan. 3, 2011) Each term of Congress is divided into two one year sessions or meetings. Each one year session includes breaks for holidays and vacation. Congress remains in session until its members vote to adjourn. Neither chamber may adjourn for more than three days without the approval of the other chamber. The president may call Congress back into special session if the Congress is adjourned.

The House of Representatives Larger of the two chambers 435 members apportioned based on population Each state is entitled to at least one seat in the House, no matter how small

The Senate Smaller of the two chambers 100 total members 2 per state Based on equal representation

Qualifications Representatives must be 25 years old Representatives must be citizens of the United States for at least 7 years Representatives must also be legal residents of the state that elects them Traditionally, they also live in the district they represent. Senators must be 30 years old Senators must be citizens of the United States for at least 9 years Senators must also be legal residents of the state that elects them All voters of each state elect senators at-large, or statewide.

Terms of Office House Elected for 2 year terms Elections are held in November of even-numbered numbered years 2008, 2010, 2012 Term begins on January 3 following November election All 435 members run for re- election every two years More than 90% of Representatives are elected again (incumbents) providing great continuity A special election is held if a Representative dies or resigns in the first session of the term Senate Elected for 6 year terms Elections are held in November of even-numbered numbered years 2008, 2010, 2012 Term begins on January 3 following November election Only one-third of the senate is up for re-election election every two years. Most senators are re-elected elected providing for great continuity If a senator dies or resigns before the end of the term the state legislature may authorize the governor to appoint someone to fill the vacancy until the next election or may call for a special election.

APPORTIONMENT The Constitution requires that all Americans be counted every 10 years by a census to determine population for reapportionment in the House of Representatives. The 2010 census was just conducted last year. Apportionment is the allocation of congressional seats among the states. The House has grown from 65 members in 1790 to 435 in 1910 (the statutory limit since 1929). Each state must have one representative; the remaining 385 are divided equally based on population On average, each representative has 650,000 people in his/her district today (versus 30,000 from 1790 to 1900) States may lose or gain representatives according to their population growth. No state will ever lose all of its representatives. The Reapportionment Act of 1929 set the permanent number of representatives at 435.

Congressional Redistricting After each state finds out their reapportioned representation for the next 10-year period, each state legislature sets up congressional districts one for each representative. Representatives are elected from these congressional districts. This process of setting up new district lines is called redistricting. States have sometimes abused this redistricting power by setting up districts with unequal populations and by gerrymandering. http://2010.census.gov/news/pdf/apport2010_m ap1.pdf

State Representation Which state has the most Representatives in Congress? (1) California (53 Members) (2) Texas (32) (3) New York (29) (4) Florida (25) (5) Pennsylvania (19) (6) Illinois (19) (7) Ohio (18) (8) Michigan (15) (9) New Jersey (13) (10) North Carolina (13) (11) Georgia (13) (12) Massachusetts (10) Which has the least? Seven states have only one Representative, due to their low population. These Members represent their entire state and are formally known as "at-large" Members: (1) Alaska (2) Delaware (3) Montana (4) North Dakota (5) South Dakota (6) Vermont (7) Wyoming

Gerrymandering Gerrymandering occurs when the political party controlling the state government draws a district s boundaries to gain an advantage in elections. Packing a district means to draw the lines so that the district to include as many of the opposing party s voters as possible. This makes the other districts safe for the majority party. Cracking is dividing an opponents voters into other districts to weaken the opponent s voter base.

Gerrymandering and Minority/Majority Districts The issue of gerrymandering has not been resolved When a state s district shape has been altered by the majority party to maximize its power. Minority/Majority districts have been approved by the US Supreme Court under a mandate by the Voting Rights Act of 1965.

Salary The Senate and the House set their own salaries. In 1789 salaries were $6.00 per day for each house. The 27 th Amendment prohibiting a sitting Congress from giving themselves a pay raise was originally proposed by James Madison in 1789, but not ratified until May 2, 1992. Salary for both chambers is $174,000.

Congressional Leaders Salaries Congress: Leadership Members' Salary (112th Congress) Leaders of the House and Senate are paid a higher salary than rank-and-file members. Senate Leadership Majority Leader - $193,400 Minority Leader - $193,400 House Leadership Speaker of the House - $223,500 Majority Leader - $193,400 Minority Leader - $193,400

Pay,Perks, and Privileges $174,000 Private gym Cheap haircuts Airport parking Capitol parking No tickets Subsidized meals Free plants Free medical care Pensions Travel allowances Franking privileges-60 million yearly 35,000 staff Half are personal and committee staff members Senate offices employ 30 House offices employ about 15 Congressional Research Service General Accounting Office Congressional Budget Office Article I, Section 6 of the Constitution: they shall in all cases, except treason, felony and Breach of Peace, be privileged from arrest during their attendance at the session of their respective houses, and in going and in returning from the same; and for any Speech or Debate in either house.

Privileges Free from arrest in all cases except treason, felony or breach of the peace when they are attending Congress or on their way to and from Congress. Cannot be sued for anything they say on the floor of Congress. Senate and House may judge a member s qualifications and decide to seat them. A majority vote by each house to not seat a member is called exclusion. Each chamber can punish its members for disorderly behavior by a majority vote and expel a member by a two-thirds thirds vote. (treason and accepting bribes) Censure is a vote of disapproval of a member s actions.

Members of Congress Congress has 535 voting members - 100 Senators - 435 Representatives 6 non-voting delegates in the House - District of Columbia - Guam - American Samoa - Virgin Islands One non- voting resident commissioner from Puerto Rico These non-voting members attend sessions, introduce bills, speak in debates and vote in committees.

Characteristics Nearly half of members are lawyers Large numbers come from business, banking, and education Typically have been white, middle-aged men Average age is over fifty Slowly Congress has begun to reflect the racial, ethnic, and gender diversity of the general population.

Ethnic Make-up of 112 th Congress African-American American Members: 44 in House; 0 in Senate. Hispanic-American Members: 23 in House; 2 in Senate Asian-American/Pacific American/Pacific Islander Members: 9 in House; 2 in Senate and 2 Delegates Native American Members: 1 in House; 0 in Senate

Women in the 112th Congress In the House there are 73 female Representatives. The Senate has 15 females. The first woman elected to serve in Congress was Representative Jeannette Rankin, a Republican from Montana. She served from 1917 to 1919 and again from 1941 to 1943.

Reelection to Congress Membership in Congress has changed very slowly because most officeholders get re- elected. Senators and Representatives who get reelected while in office are called incumbents. Incumbents are more successful because it is easier for them to raise money, they have name recognition, their district is drawn in their favor, they are in a position to solve constituent problems and voters think that they represent their views better than someone new.

United States Congress

Key Differences House Initiate revenue bills 2-year term 435 Formal Specialists Tax policy Senate advise and consent 6-year term 100 Relaxed Generalists Foreign policy

Let s Review House years old Resident of the being represented Citizen for years members/ proportioned by based on the Number is set at Leader is the Term of office is years All are up for election every years is 1 year Senate years old Resident of the being represented Citizen for years members/ per state May add new members Leader is the (Vice President) Term of office is years (33 or 34) are up for election every years Session is 1 year Special Session may be called by the President!

Congressional Leaders

Organization of Congress Every two years, a new Congress is seated. The first order of business is the election of leaders and adoption of new rules. Both houses of Congress are organized on the basis of party for both leadership and committee purposes.

Organization Each house has the power to organize itself: 1) Political Parties - No mention of political parties in Constitution - Create own rules - Majority party Republican - Minority party Democrat - Each party has a leader 2) Whips 3) Committees

Congress Organizes House of Reps A clerk calls chamber to order and checks roll. The members choose a Speaker who takes an oath and swears in the rest of the House. House elects various positions, adopts new rules and organizes committees. Senate Continuous body: New and reelected members are sworn in and committee vacancies are filled. Congress adjourns until the State of the Union Address.

Congressional Leadership

Duties of Party Leaders Spokesperson for the party Advocates party policy and viewpoints Keeps party united Schedule of business

The President of the Senate Under the Constitution, the Vice President serves as President of the Senate. He may vote in the Senate in the case of a tie, but is not required to. The President Pro Tempore (and others designated by him) usually perform these duties during the Vice President's frequent absences from the Senate.

Whips Role of the Whip Whips perform three primary functions: mobilizing the vote on key legislative objectives, providing information to Members and leadership, coordinating strategy within the House. Mobilizing the Vote Before a major vote comes to the floor, the Whip polls Members on their support of the legislation. The Whip ensures that the leadership position has strong support. Distributing Information The Whip provides information to Members such as the upcoming schedule of legislation. The Whip`s office distributes weekly Whip Notice and the daily Whipping Post to the Members of the House, which lists the anticipated legislation on the floor. In addition to the Whip Notice and Whipping Post, the Whip`s office also distributes the House calendar which lists the days of the year that the House of Representatives is expected to be in session. Coordinating Strategy The Whip coordinates strategy and scheduling with the Speaker and Majority Leader on the floor of the House of Representatives. The Whip is expected to "get out the vote," by ensuring that Members will be present on the floor during close votes. The Whip is largely responsible for coordinating voting strategy among the party members to ensure final passage. History The term "whipper in" is a British term for the person responsible for keeping the foxhounds from leaving the pack. It was first used in the House of Commons in the late 1700s and in the House of Representatives in 1897, when James A. Tawney (R-Minn.) was appointed a whip by Speaker Thomas Reed (R-Maine) to help Reed keep track of the whereabouts of party Members.

Speaker of the House House Officer, Party Leader, and Representative The Speaker of the House of Representatives is widely viewed as symbolizing the power and authority of the House. The Speaker s most prominent role is that of presiding officer of the House. In this capacity he is empowered by House rules to administer proceedings on the House floor, including the power to recognize Members on the floor to speak or make motions and the power to appoint Members to conference committees. The Speaker is often responsible for airing and defending the majority party s legislative agenda in the House. The Speaker s third distinct role is that of an elected Member of the House. Although he is elected as an officer of the House, the Speaker continues to be a Member as well. As such he enjoys the same rights, responsibilities, and privileges of all Representatives. However, he traditionally refrains from debating or voting in most circumstances, and does not sit on any standing committee of the House.

Selection of the Speaker When the House of Representatives convenes at the beginning of a new Congress, its first order of business is to elect a Speaker. Because the House dissolves at the end of a Congress and must start anew at the beginning of each new Congress, the Clerk of the House presides over the House under general parliamentary law until a Speaker is elected. Because the election of the Speaker typically takes place before the House adopts its rules of procedure, the election process is defined by precedent and practice rather than by any formal rule. To be elected Speaker a candidate must receive an absolute majority of the votes cast. Although the major parties nominate candidates for the position of Speaker, there is no limitation on whom Members may vote for. In fact, there is no requirement that the Speaker be a Member of the House. None of the other officers of the House is a Member. If no candidate receives the requisite majority, the roll call is repeated until a Speaker is elected. Again, Members may continue to vote for any individual, and no restrictions, such as eliminating minority candidates or prohibiting new candidates from being named, are imposed. For example, at the beginning of the 34th Congress in 1855, 133 ballots over a period of two months were necessary to elect Nathaniel Banks of Massachusetts as Speaker.

Committees Groups of Congress people assigned to study groups of specific areas of expertise laws are assigned to each committee based on subject area Agriculture, Rules, Budget, Homeland Security At least 2 committee assignments per Congressman Meet with witnesses and experts to gain information Leaders of Committee are in majority party

Bells A system of bells and lights throughout the Capital building let Congressmen know what is going on One long bell and one light = vote, members have 15 min. to vote After ½ has elapsed, 5 bells and 5 lights tell members to hurry Other bells and lights indicate beginning meetings, adjournment, and other business

Q: What do these people do? A: Make laws!

How a Bill Becomes a Law

FACT: There are over 10,000 bills proposed each year but on 10 % get passed.

How a bill becomes a law: 1. Bills are placed in the hopper where they are read aloud before the House, given a number then sent to committee. 2. Bills are revised in standing committees and subcommittees.

Standing Committees House Committees: Agriculture Appropriations Armed Services Banking and Financial Services Budget Commerce Education and the Workforce Government Reform House Administration International Relations Judiciary Resources Rules Science Small Business Standards of Official Conduct Transportation and Infrastructure Veterans Affairs Ways and Means Senate Committees: Agriculture, Nutrition, and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Governmental Affairs Indian Affairs Judiciary Health, Education, Labor, and Pensions Rules and Administration Small Business Veterans Affairs

The Standing Committee s The Standing committee may approve the bill or give an unfavorable report. Decision: Rules Committee sets conditions for debate.

Step 3: Floor Action Bill is debated, often amended, then passed or defeated. If the bill is passed in the House with a simple majority vote, it must go through the same process in the Senate.

Off to the Senate...

Here we go again... Bill goes through the same process committee then floor debate it must receive a simple majority vote to continue. NOTE: The Senate may filibuster to delay action on a bill.

Q: What if the House and the Senate pass different versions of a bill? A: CONFERENCE COMMITTEE

CONFERENCE COMMITTEE Members from both houses agree on the bill s final wording. This compromise is voted on by both houses.

Off to the President...

President s Options: Sign the bill. Veto the bill- which would send it back to Congress with the possibility of being overridden. Wait 10 days, thus allowing the bill to become law without signature. Wait 10 days, Congress adjourns, bill dies= pocket veto.

Powers Granted to Congress Congress makes laws regarding: Levy and Collect Taxes Borrow money Regulate international trade, trade between states, and w/ Native Americans Laws of Naturalization Laws of Bankruptcy Coin Money Punish Counterfitters

Powers of Congress cont d Established post offices Pass copyrights and patents Declare war Raise and support armies Provide, organize, arm, and discipline the militia Make laws for Washington DC Laws for property belonging to the federal gov t ex. Forts, arsenals, national parks

Elastic Clause To make all laws which shall be necessary and proper for carrying into execution for the foregoing powers Congress can make laws to help them execute their duties Implied powers

Decorum Members do not address each other Cannot question others motives or speak badly of another state Call other members by title My esteemed colleague, The capable senior Senator from VT, The distinguished Representative

Impeachment House has the power of Impeachment Impeachment= bring charges of misbehavior in office against a US official

Impeachment Trials SENATE convicts person on trial If the president is on trial, the Chief Justice of the Supreme Court presides Must have 2/3 majority to convict person

Punishment for Impeachment Conviction ONLY penalty is removal from office Can never hold office again Person can be tried in a civilian (regular) court when they are out of office

Standing Committee Committee Structure Special or select Committee Joint Committees

Parties control Congress House of Representatives 435 total 229 Republicans 205 Democrats

Parties control Congress Senate 51 Republicans 48 Democrats 1 Independent (James Jeffords, Vermont)

Powers of Congress Legislative Non-legislative Constituent Judicial Executive Investigative Others

Legislative Congress is empowered to make all laws (Constitution, Article 1, section 8) Major function According to the Constitution Congress is the only national lawmaking authority Lawmaking process is very complex A proposed bill must pass through many steps before becoming a law Bills must be signed by the President Most bills do not survive the process

Non-legislative powers Constituent Participation in the amending process of the Constitution Proposing alteration but Congress does not have the authority to make fundamental changes

Judicial Organization and establishment of the federal court system Judicial power of the U.S. is vested in one Supreme Court and in inferior courts Number of courts and judges determined by the Congress

Judicial Impeachment Means to charge a government official with «Treason, Bribery or other high Crimes and Misdemeanors» and bring him or her before Congress to determine guilt House votes on whether the accused ought to be impeached (simple majority) Senate votes whether to convict or remove the person (two-third third majority) Exercised twice: in 1867 (President Andrew Johnson) and in 1998 (President Bill Clinton)

Executive Special power of the Senate Approving or disapproving appointments of the President with top executive officers, ambassadors and federal judges (majority) Making treaties (two-thirds thirds vote) Not very often exercised

Investigative «Inquisitorial power», control over administration Empowers the investigation of judicial branch, executive branch activities and of economic, social and political conditions Inquiries may be directed at Securing information about draft legislation Shaping governmental policy Holding the executive and administrative units to rigid accountability

Taxation Other powers Regulation of commerce Postal power Declaration and termination of war

Objectives of the powers of Congress Improve the efficiency, economy and effectiveness of governmental operations Detect and prevent poor administration, waste, abuse or illegal and unconstitutional conduct Protects civil liberties, constitutional rights, and legislative harmony Ensure that executive policies reflect the public interest Congress : «the voice of the people» Can paralyse the President

Limitation of powers of Congress System of checks and balances which denies Congress sovereignty in the field of legislation One house of Congress balances and checks the other in that bills must pass both. The Congress has the power to raise money through taxes and to allocate that money to government programs. But when implementing laws, the president and executive departments control the way these funds are used by setting administrative rules that interpret the language of federal law.

Limitation of powers of Congress If a citizen challenges an Act of Congress the Supreme Court can declare the Act unconstitutional. Reserved powers of the State Section 9 of Article I of the Constitution imposes some prohibitions upon Congress The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it. In the past years people have directed that the national government assume more powers

The two party system in Congress Origins Emerged in the early 1800s with the Federalists and the Jeffersonian Republicans. Today : Democrats and Republicans

The two party system The Democrats want to unite : organised labor the poor members of racial minorities liberal upper-middle class

The two party system The Republicans appeal to : Business upper upper-middle middle- and upper class groups in the private sector social conservatives

Reasons Absence of the third party representation Voters consider third party candidates as a wasted vote Third party prospects are also hampered by America s single-member-district Separation between the State and religion

External influences Legislator s Constituency Constituents : members of the district from which an official is elected Members of Congress expect that the views of their constituents will influence the decisions of legislators

Interest groups External influences They have some connection to constituents They want to influence the congressional process by fusing private goals with public policies They try to have direct contact with those who make decisions They use lobbying, publicity campaigns

Party discipline Internal influences Leaders have strong influence over the behavior of their party members Party unity is greater in the House than in the Senate Party unity is based on ideology and backgrounds Party leaders have some resources at their disposal : Committee assignments Access to the floor the whip system the logrolling

Internal influences Presidency The most important influence Three different tools The presidential veto Article I, Section 7, permits the president to reject them through use of the presidential veto, which is a power that gives the chief executive ten days to reject bill.

Internal influences Executive privilege When the president withholds military and diplomatic information from Congress on the grounds that such information would compromise the separation of powers doctrine In 1974, justices rebuked Nixon who wanted to use executive privilege as a reason for not cooperating in the Watergate Affair Executive order Presidential actions that direct government activity, have the effect of law, and remain in use unless overruled by the SU courts, negated by Congress, or rescinded by the president

Congressional Paradox Voters tend to love their congressional representative Voters tend to hate and distrust Congress as an institution Members of Congress have to Be national law/policy makers Represent the needs/interests of their constituents i.e., military base closings, highway bills, etc.

How Members Make Decisions Interest Groups Colleagues Caucuses Representative Party Constituents Staff Political Action Committees

Congress and the President Especially since the 1930s, the president has seemed to be more powerful than Congress. However, Congress retains several key powers vis-a-vis the president: funding powers oversight impeachment/removal.

Spend Money Regulate Commerce Taxation Create Powers of Courts Congress Declare Lawmaking War Make all laws "necessary and proper" to carrying out the enumerated powers

Powers of Congress The most important constitutional power of Congress is the power to make laws. This power is shared by the House and the Senate. In order to become a law, a bill must be passed by both the House and the Senate.

Representation Congress is older, better educated, whiter, and richer than most of us; however, great strides have been made in electing a more diverse Congress. Can a man represent a woman? Can a white person adequately represent the views of a black person?

The Representational Role of Members of Congress How should an elected official represent his/her constituents? Trustee-- --representatives use their own best judgment Delegate--representatives vote the way their constituents want them to Politico--representatives act as trustee or delegate depending on the issue

Committees Congress in its committee rooms is Congress at work. - Woodrow Wilson

Lawmaking Only a member of the House or Senate may introduce a bill but anyone can write a bill. Over 9,000 bills are proposed and fewer than 5 to 10% are enacted. Most bills originate in the executive branch. A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.

How Members Make Decisions It is rare for a legislator to disregard strong wishes of constituents, particularly on hot button issues or those contentious issues that get a lot of media attention. Deciding how the voters feel is not possible. The perceptions of the representative are important since he/she cannot really know how all the constituents feel about an issue. If constituents have little knowledge or interest in an issue, the legislator often makes an autonomous decision.

Congressional Oversight of the Executive Branch Congress has the power to review the actions of the executive branch Congressional oversight is used to ensure that the bureaucracy is enforcing and interpreting laws the way Congress intended.

Continuity and Change The framers of the U.S Constitution placed Congress at the center of the government. In the early years of the republic, Congress held the bulk of power. Today, the presidency has become quite powerful particularly since FDR. Congress now generally responds to executive branch legislative proposals. The face of Congress is changing as women and minorities have achieved seats.

Powers of Congress Expressed Implied Non- Legislative

Expressed Powers Power to Tax Power to Borrow Commerce Power Currency Power Bankruptcy Foreign Relations War Power Naturalization Postal Power Copyrights/Patents Power over Territories Judicial Powers

Implied Powers Congress shall have the power to do what is Necessary and Proper for carrying out its Expressed Powers. (aka: Elastic Clause or Necessary & Proper Clause) Examples: set up a National Bank, purchase land to use as a territory

Non-Legislative Powers Constitutional Amendments (2/3 vote in each house or call a National Convention) Electoral Duties(decide on Prez. If no candidate gets a majority of electoral votes) Executive Powers (Senate is to confirm appointments & treaties) Impeachment (House investigates & votes on Articles of Impeachment Senate conducts trial)

Non-Legislative Powers (continued) Investigatory Power Congress may investigate matters related to its legislative powers. 1. To gather information useful to Congress 1. To oversee operations of the executive branch 2. To focus public attention on an issue 3. To expose questionable activities of public officials 4. To promote the interests of some members of Congress

Congress What is the primary function of Congress? Although there are many functions the primary function is the consideration of proposals to become law. Members of Congress, either representatives or senators, may introduce legislative proposals for consideration. These legislative proposals are referred to as "bills". Designations for bills HR# House of Representatives S # # is the chronological order the bill was introduced. Senate # is the chronological order the bill was introduced. Joint Resolution HJ Res # SJ Res # Concurrent Resolution H Con Res # S Con Res # Resolution H Res # S Res #

Congress Once a bill has been introduced into one house of Congress it will be considered for adoption. In order to become a law the bill must receive the approval of a majority vote in each house. Furthermore, the bill has to have been approved with the identical language. Bills that have passed both houses with the identical language will be presented to the president for further action. Bills, which do not receive majority approval in both houses, will be terminated at the end of the Congress. The proposal may be reintroduced at the beginning of the new Congress where it will receive a new bill designation.

Congress Bills that have passed both houses with the identical language and have been signed by the president will become a public law. HR 241 PL 109-1 Public Law 109 th Congress The 1 st law passed in the 109 th Congress

Let s Review

United States Congress

Key Differences House Initiate revenue bills 2-year term 435 Formal Specialists Tax policy Senate advise and consent 6-year term 100 Relaxed Generalists Foreign policy

THE UNITED STATES CONGRESS http://www.house.gov/ http://www.senate.gov/