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Legislative Branch

Legislative Branch. Why Bicameral. Historical – British Parliament had consisted of 2 houses since the 1300’s Nebraska only unicameral state legislature Practical – Settle conflict between Virginia Plan and New Jersey Plan

aphrodite-harrington
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Legislative Branch

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  1. Legislative Branch

  2. Why Bicameral • Historical – British Parliament had consisted of 2 houses since the 1300’s • Nebraska only unicameral state legislature • Practical – Settle conflict between Virginia Plan and New Jersey Plan • Theoretical – Framers favored bicameral so one house could check the other

  3. Legislative Bodies • United States • Bicameral (two houses) • House of Representatives • 435 members • Direct Popular vote • 2 year terms • Senate • 100 members • First appointed, now Direct Popular vote (17th) • 6 year terms

  4. France National Assembly 577 members Direct Popular vote 5 year terms Senate 321 members Local Electoral College 9 year terms Japan House of Concillors 252 Members Direct popular vote 6 years House of Representatives 512 members Direct Popular Vote 4 year terms Other Similar Legislative Bodies

  5. Terms and Sessions • Each term of Congress lasts for two years • First term began on March 4, 1789 and ended March 4, 1791 • 20th Amendment changed start of each new term to noon on the 3rd day of January of every odd-numbered year • What term are we on now? • What term will we have on Jan 3. 2013?

  6. 1 each year Before WWII a typical session lasted 4 to 5 months Today Congress remains in session for most of the year, both have short recesses throughout the year In order to adjourn from session, each house has to have approval from the other house Special sessions may be called, by President on a pressing issue 26 special sessions have been called Two sessions for each term

  7. House of Representatives • Exact size of house set by congress not Constitution, WHY? • Constitution provides the total number of seats shall be apportioned • Distributed among the States based on each states population • Each state is guaranteed at least one seat • Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming

  8. What about U.S. Territories • District of Columbia, Guam, Virgin Islands, and American Samoa each elect a delegate to represent them in the House • Puerto Rico chooses a resident commissioner • All of these are NOT House of Representatives

  9. Reapportionment • Redistribute the seats in the House after each decennial census • First house 65 seats • Moved up to 435 in 1910 • Halted there, too tough for effective floor action • Congress passed the Reapportionment Act of 1929

  10. Reapportionment Act of 1929 • Permanent size of the House will be 435 members • Following census, Census Bureau is to determine the number of seats each State should have • When plan is ready, President must send it to Congress • 60 days to reject plan, if not rejected it becomes effective

  11. Act has worked quite well since passed • Congress still has the constitutional responsibility to reapportion the House • Census Bureau takes all the heat from each state • Each seat today represents about 710,000 people

  12. Congressional Elections • Since 1872 Elections for Congress Members are held on the Tuesday following the first Monday in November in each even-numbered year • Off-Year Elections • Elections not held during presidential elections • 2006 was an off-year election • Usually the party in power (holds the office of the president) loses seats

  13. Districts • 435 total districts in the U.S. • Congress allowed each state to decide whether they elect by single-member district basis or by a general ticket system

  14. Single-member district Representatives chosen from a group of candidates from that district General ticket system All members picked from the at-large pool Unfair to all party not in power Congress ended general ticket system in 1842

  15. 1842 each state responsible for drawing up districts • Must be all one piece • Each district must have about the same amount of people in them • Must cover the smallest possible area • In some cases Gerrymandering has taken place • Boundaries drawn to the advantage/disadvantage of a political party

  16. Gerrymandering takes one of two forms • To concentrate the opposition's voters in one or a few districts • Spread the opposition as thin as possible, limiting their ability to win

  17. Qualifications for Representatives • 25 years old • Citizen for 7 years • Must reside from the state they are chosen from • Longstanding custom, they live in district they represent (be closer to the people) • Judge of the Elections, Returns, and Qualifications of its members

  18. May punish own members for disorderly behavior by majority vote • 1989 House Speaker Jim Wright resigned after, House Ethics Committee charged him with violations (financial dealings with companies) • With 2/3 vote can expel a member • In 200 years 5 members have been expelled • 2002 James Traficant – bribery, fraud, and tax evasion

  19. Senate • Smaller body than the House • First Senate had 22 members in 1789 • Today it has 100 Senators • Until the adoption of the 17th Amendment in 1913, senators were chosen by state legislatures • Legislatures were expected to choose wealthy, distinguished men

  20. 1914 to today, Senators have been chosen by the people during regular November elections • Each senator is elected from the State at-large • Serve 6 year terms • May be reelected to any number of terms • 1/3 elected every two years, roughly 33 up for reelection

  21. Senate is called a continuous body • All seats are not up for election at same time • 6-year term is intended to make senators less subject to pressure of public opinion and to the pleas of special interests than their house colleagues. • Supposed to be focused on the “Big Picture” not the small local stuff • Over past years they have become prime source of contenders for presidency

  22. Qualifications • Higher level of qualifications than House member • 30 years of age • Must be US citizen for 9 years • Must reside from the state they are elected from • Senate judges the qualifications of its members, may exclude them by majority vote

  23. May punish members by majority vote • 1990, David Durenberger R, MINN • Charged with financial misconduct • May expel a member with 2/3 vote • 15 members have been expelled • 1 in 1797, 14 during the Civil War • 1982 Harrison Williams (D, N.J) resigned, but was convicted of bribery

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