The Legislative Branch Chapter 10, 11, and 12

1. The Legislative BranchChapter 10, 11, and 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)

2. CongressChapter 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

3. The National Legislature Section 10.1 Objectives: 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.

4. Flash Cards Vocabulary • Term • Session • Adjourn • Prorogue • Special Session • Congress • House of Representative • 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?

5. I. The National Legislature A. Representative Democracy Through Congress 1. Congress is made up of the House of Representatives and Senate

6. Related Links U.S. Capitol Russell Senate Office Building Dirksen Senate Office Building Hart Senate Office Building Cannon House Office Building Longworth House Office Building Rayburn House Office Building U.S. Botanic Garden

7. 2. Congress is charged with the most basic governmental function in a democratic society- that of translating the public will into public policy in the form of law a. 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 (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)

8. B. Bicameralism Congress 1. Congress consists of two houses a. The House of Representatives- based on a state’s population b. The Senate- equal representation- two from each state 2. Historical a. 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 a. Connecticut Compromise (1) Compromise between the Virginia and New Jersey plans of 1787 b. Reflection of Federalism (1) Each State is equally represented in the Senate (a) National interest (2) Representation proportional to its population in the House (a) State interest 4. Theoretical a. The two houses of Congress act to check and balance each other (1) Both have to pass bills (2) Both have to approve the others’ sine die adjourn (a) Sine die adjournment- suspend until the next session b. Diffused power to prevent it from overwhelming the other two branches of government

9. C. Terms and Sessions of Congress 1. Term of Congress a. A term is the length of time between elections in Congress (1) Two years b. Congress began its first term March 4, 1789 and ended March 4, 1791 c. 20th Amendment (1933) changed it to “noon of the 3rd day of January” of every odd-numbered year (1) Communications and travel were no longer an issue 2. Session a. A period of time during which, each year, Congress assembles and conducts business 3. Special Session a. The president may call a special session to deal with some pressing issue (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 (23:56)

10. The House of Representatives 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 of the 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.

11. Flash Cards • 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 seats. • Why do politicians gerrymander districts? • How did Wesberry v. Sanders change the makeup of Congress? Vocabulary • Apportion • Reapportion • Off-year Election • Single-Member District • At-Large • Gerrymander

12. II. The House of Representatives A. Size and Terms 1. Today there are 435 members of the House a. Not fixed by the Constitution, but by law 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) a. Apportioned- distributed 3. Each state is guaranteed at least one seat in the House 4. Representatives hold office for two-year terms 5. No limit exists on the number of terms representatives may serve

13. B. Reapportionment 1. The Constitution directs Congress to reapportion the seats in the House every ten years as a result of the census a. Reapportion - redistribute 2. The Reapportionment Act of 1929 a. The number of seats in the House was fixed at 435, to be redistributed every ten years according to the census Congressional Elections (1) One House seat represents about 650,000 persons

14. 3. Date a. Congressional elections are held on the Tuesday following the first Monday in November of each even-numbered year (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 1st 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

15. 4. Off-Year Elections a. Congressional elections occurring in non-presidential election years are called off-year elections, in which the party holding the presidency often loses seats 2008- Presidential 2006- Off-year election 2004- Presidential 2002- Off-year election 2000- Presidential 5. Districts a. Members of the House are chosen by the voters in geographical districts within their states called single-member district (1) Single-member district- 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 State legislatures

18. 6. Gerrymandering a. Congressional districts have been drawn to the advantage of the faction that controls the state legislature (1)To concentrate the opposition’s voters in one or a few districts, thus leaving the other district comfortably safe for the dominate party (2)To spread the opposition as thinly as possible among several districts, thus limiting the opposition’s ability to win anywhere in the region

20. 7. Wesberry v. Sanders, 1964 a. 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

21. C. Qualifications for House Members 1. Article I, Section 2, Clause 2 of US Constitution a. Members of the House must be at least 25 years of age b. Have been a citizen for at least 7 years c. Must be an inhabitant of the state he or she represents 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. A member must live in the single-member district they represent

22. The Senate 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.

23. Flash Cards • Concepts • 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. Vocabulary • Continuous Body • Constituency • Colleague

24. 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)

25. C. Size, Election, and Terms 1. Size a. The Senate consists of 100 members, two from each State b. Since the adoption of the 17th Amendment in 1913, members of the Senate have been chosen by the people at regular November elections 2. Term a. Senators serve six-year terms that are staggered so that only a third of the members are up for election every two years b. Senators are chosen at-large (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- the people and interests that Senators and House members represent

26. D. Qualifications for Senators 1. Article I, Section 3, Clause 2 of the US Constitution a. Senators must be at least thirty years of age b. Must have been a citizen for at least nine years c. Must be an inhabitant of the state that he or she represents 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

27. The Members of Congress 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 of the job of serving in Congress. • Describe the compensation and privileges given to members of Congress.

28. Flash Cards 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?

29. IV. The Members of Congress A. Personal and Political Background 1. Congress is not a representative cross section of the American people a. The average member of congress is a white male in his mid 50’s b. Most members are lawyers, though many have backgrounds in business, education, agriculture, journalism, or professional politics c. Most members are married, have children, and are members of a Christian church

30. B. Duties of the Job • Members of Congress must act as: a. Legislators- create laws b. Committee members c. Representatives of their constituents d. Servants of their constituents e. Politicians 2. Representatives of the People/ 4 Voting Options a. Trustees—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. Delegates—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

31. c. Partisans—many members see themselves as bound to vote on issues according to the party platform and the wishes of party leaders d. Politicos—many members attempt to balance the roles of trustee, delegate, and partisan e. Other roles—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

32. 3. Committee Members a. Oversight function- 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

33. C. Compensation 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) a. Congress sets its own pay b. 27th 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 2. Salary a. 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

34. 3. Non-Salary Compensation a. 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 a. 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

35. Chapter 11 analyzes the scope of the expressed, implied, and nonlegislative powers of Congress.

36. Chapter 12 shows Congress in action: How it is organized, the role of committees, and how it turns bills into laws.