Basics of Congress
Purpose of Congress Make laws governing the nation Framers considered the legislative branch to be the most powerful A member from either chamber may begin the legislative process (excluding tax laws) Oversee the implementation of laws by the executive branch to be certain the law is carried out as intended
Structure of Congress Reasons why the framers of the Constitution created a bicameral legislature 1. Compromise between large & small states VA+NJ plans = Connecticut Compromise The Senate provides equal representation for the states The House of Representatives representation is based off of population of a state (# can change every ten years) 2. Originally offered different types of representation thus promoting federalism 3. Aids in slowing the legislative process 4. An intrabranch check to prevent majority tyranny Ex. Senate filibuster/60 vote cloture rule
Structure of Congress- Elections House All 435 members of the House every 2 years Reason: Responsiveness to the people (originally only directly elected position in the Federal government) Senate 6 year terms 1/3 up for reelection every two years Reason: Staggered cycle prevents an entirely new Congress Each term of Congress begins on January 3 of odd numbered years and lasts for two years 113 th session 2013-2015 Filling vacancies: Appointed by governor No term limits as a member of Congress U.S. Term Limits v. Thorton (1995) barred states from imposing term limits on U.S. congressmen
Structure of Congress House of Representatives 435 members is not established in the Constitution 1790-64 1810-186 1910-435 1929 Reapportionment Act established the number of Reps at 435 and now the census determines how the 435 seats will be divided among the states Current ratio 1 Representative: 712,973 citizens based on the 2010 census Variations amongst the states
Structure of Congress Senate 100 members, 2 per state
Requirements for a Congressional Position House 25 years old 7 year U.S. citizen Legal resident of the state in which you represent Should live in the district you represent Senate 30 years old 9 year U.S. citizen Legal resident of the state in which you represent
Public Opinion: Why People Love Their Congressmen But Hate Congress Negative media coverage of the institution The only time it makes the news is if something goes wrong The president can bash Congress for opposing him and Congress has difficulty fighting back No single face of Congress for free media The public does not understand the Constitutional role or function of Congress Congress Constitutional limitations and procedures Public holds Congress to high standards and sometimes members fail to meet them Lack of getting things done, partisan bickering/gridlock, scandals
Congressmen Representn A Congressman s dilemma: Making laws and setting policy for the benefit of the entire nation versus representing the needs and interests of his/her constituents Theories of representation: Trustee: Vote based on congressmen s best judgment Delegate: Vote based on constituents wishes Politico: A combo of the above depending on the issue
Constitutional Powers of the Legislative Branch Expressed Powers (enumerated) in Article I, Section 8, Clauses 1-18: Clause 18 (source of implied powers) necessary & proper/elastic clause
Constitutional Powers of the Legislative Branch 1. Lay and collect taxes 2. Borrow money 3. Regulate foreign and interstate commerce 4. Establish rules for naturalization 5. Coin money, est. value, set weights and measures 6. Punish counterfeiting 7. Est. post offices and post roads
Constitutional Powers of the Legislative Branch 8. Issue patents and copyrights 9. Create lower federal courts 10. Punish pirates and crimes on the high seas 11. Declare war 12. Raise and support an army 13. Maintain a navy 14. Make rules for the military 15. Set rules for the militia (states do most of the work) 16. Provide support for the militia 17. Govern Washington D.C.
Constitutional Powers of the Legislative Branch 18. To make all laws necessary and proper for carrying out all other powers granted to Congress in the Constitution
Powers Denied to Congress Denied powers are mentioned in Article I, Section 9: Congress cannot suspend the writ of habeas corpus- a court order to release a person accused of a crime to court to determine whether he has been legally detained pass bills of attainder- laws that est. guilt and punish people without allowing them trial create ex post facto laws- laws that make crimes of acts that were legal when they were committed tax exports favor one state over another grant titles of nobility misuse funds (expenditures must be made public)
Differences between the House and Senate: Constitutional House Initiates all revenue (taxation) bills Initiates impeachment procedures Choose the president when the electoral college is deadlocked Why these powers: More representative of & responsive to the public as they are directly elected every 2 years Senate Confirms presidential appointments Judicial & executive Tries impeached officials Approves treaties Why these powers: More insulated from public opinion (esp. prior to 17 th Amendment) Longer staggered terms Originally represented state interests
Differences between the House and Senate: Operational House More structured due to size Power centralized with strong leadership Voting more along party lines Members are highly specialized Emphasizes domestic affairs (tax and revenue policy) Senate More informal (good old boys network) Power distributed more evenly Voting less along party lines Members are generalists Emphasizes foreign policy
Differences between the House and Senate: Operational House Rule Senate More formal Procedures & rules Less formal No Filibuster Yes No Holds Yes No Yes Unanimous consent agreements Germaneness requirement Yes No Powerful Rules committee Weak *These differences affect how a bill is passed in one chamber yet is opposed in the other
Differences between the House and Senate: Changes in the Institution House Speaker of the House controls agenda within inner circle Turnover is more frequent Greener pastures 90% chance incumbents win reelection Senate Workload is increasing Becoming more difficult to pass legislation- threat of filibuster more frequent Turnover is moderate 80% chance incumbents win reelection
Party in Power: It s good to be the king (majority does matter) Selects chamber leadership positions: House: Speaker Senate: Pro tempore & majority leader Sets chamber agenda Assigns proposed bills to committee Controls floor debate Holds committee chairs & majority of seats in each committee Controls what legislation the committee takes up
Reapportionment, Redistricting, and Gerrymandering
Terms to know: (Re)apportionment- the process of redistributing/awarding seats in House of Representatives amongst the states after each census Redistricting- the act of reconfiguring U.S. House of Reps district boundaries within a state (usually done by state legislature) Gerrymandering- the abuse of redistricting responsibilities to favor one political party
Why is reapportionment important? Increases/decreases the number of seats a state has in the House More representation = more influence Increases/decreases the number of electoral votes a state receives
The Process of Reapportionment 1. The census is taken so reflections in population shifts can be measured for reapportionment purposes 2. Within a year, state governments are told if they gained, lost, or kept the same number of House seats 3. State legislatures (in most states) set the Congressional district lines. Therefore it is critical to be the party in power at the onset of each decade.
Why Gerrymander? Enhance the strength of one political party over another Protect incumbents or discourage challengers Increase/decrease minority representation Punish foes or reward friends
How Gerrymandering is done: Packing and Cracking Packing- drawing district lines so they include as many of the opposing party s voters as possible. Crowding the opposition s voters into one district makes the remaining districts safe for the majority party s candidates Cracking- dividing an opponents voters into separate districts. This division waters down the opponents voter base. 1. Politically this is more risky than packing due to swing voters but can lead to political domination within a state for a party
Packing and Cracking Example- State has 300,000 people: 130,000 R-type citizens; 170,000 D-type citizens Allowed 3 House seats; 100,000 citizens per district Republicans control state house, White line = Congressional district lines District 1 District 2 60,000 R 60,000 R 40,000 D District 3 90,000 D 10,000 R 40,000 D *Districts 1 & 2 are cracked while District 3 is packed. *If Democrats controlled the State House all three districts could be held by Democrats.
Top 10 Gerrymandered Congressional Districts
Supreme Court Cases related to Apportionment & Redistricting Baker v. Carr (1962) Established the one-person, one-vote principle Determined that the judicial system could hear reapportionment issues under the 14 th Amendment s equal protection clause Wesberry v. Sanders (1964) Applied one-person, one-vote to U.S. Congressional districts Reynolds v. Sims (1964) Applied one person/vote to state legislative districts
Supreme Court Cases related to Apportionment & Redistricting Shaw v. Reno (1993) Gerrymandering a majority-minority district (even if it is with good intentions) solely based on race violates the equal protection clause of the 14 th Amendment
Supreme Court limitations on redistricting Malapportionment illegal Lines must be contiguous/connected Districts are to be compact Cannot dilute minority voting strength District lines cannot be drawn solely based on race but Communities of interest are to be protected Majority-minority districts are permissible so as long as it meets Voting Act of 1965 guidelines
Ohio s Congressional Districts 2002-2012 2012-2022 A redistricting issue that would have established an independent commission to construct legislative district lines was defeated by nearly a 2:1 margin in 2012
Background of Your Congressional Representatives Click on Congressional Center
http://www.redistrictinggame.org/ How to rig an election- The Economist