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This chapter delves into the history, structure, and functions of the U.S. Congress, covering topics such as bicameralism, reapportionment, congressional elections, qualifications for members, and the diverse backgrounds of House and Senate representatives.
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Section 1—The National Legislature • “Representative” • Madison: “The first branch.” • “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”—Article I, section 1
A Bicameral Congress • Historical • British had two houses • Most Colonies had two houses • Practical • Dispute between Virginia and New Jersey Plans. • Theoretical • “To cool it.” • There would be no Constitution without the bicameralism.
Terms and Sessions • Two year terms. • Terms of Congress • Noon of the 3rd day of January of every odd numbered year. • Sessions • Two sessions • Adjourns • “sine die” • “prorogue”—never used. • Special Sessions • Only used occasionally.
Section 2—The House of Representatives • Size and Terms • Size is set by Congress-435 since 1910 • Minimum of one representative per State. • “Unofficial” representatives. • Unlimited terms
Reapportionment • 1st Congress was 65 • Raised to 106 in 1792 • A Growing Nation • Raised to 142 in 1800 • Raised to 186 in 1810 • 435 by 1912 (Arizona and New Mexico were added) • No reapportionment in 1920 • The Reapportionment Act of 1929 • Every ten years • Permanent size of 435 • Represent about 650,000 citizens • State Legislatures determine boundaries.
Congressional Elections • Date—Since 1872, “first Tuesday, following the first Monday in November of each even-numbered year.” • Voting devices vary widely and some are controversial. • Off-Year Elections • Non-presidential election years. • Party of the president “usually” loses ground.
Congressional Elections (cont.) • Districts • 7 States with one representative • 428 divided among the rest. • Single-member districts are the norm. • At-Large has occurred at times. • Questions: • Equal population • Equal size. • Compactness. • Contiguous—one piece • Gerrymandering • Can concentrate opposition in one or a few districts. • Spread the opposition to make all districts open. • Aims to create “safe” districts.
Congressional Elections (cont.) • Wesberry v. Sanders, 1964 • Established principle of equal representation. • Later: One person---one vote principle. • Race cannot be the primary determinant in districting, but can be one factor. • Qualifications for House Members. • 25 years of age. • A U.S. citizen for 7 years. • A inhabitant of the state from which they are elected. • Informally of the district from which they are elected.
Section 3—The Senate • Size, Election, and Terms • Size • 1789—22 members • 1791—26 members • “Dispassionate.” • Represent entire states. • Election • Until 1913—chosen by State legislatures. • 17th Amendment. • Now elected statewide.
Size, Election, and Terms (cont.) • Term • 6 years • Strom Thurmond-48 year record. • Senator Robert Byrd—48 years in 2007 • Terms are staggered 33 or 34 each 2 year election. • Continuous body. • Larger constituencies---bigger picture.
Qualification for Senators • 30 years of age. • Citizen of the U.S. for 9 years. • An inhabitant of the State from which they are elected. • Senate judges its own members. • 15 have been expelled—14 during the Civil War. • Many simply resign • Many do not seek reelection.
Section 4—The Members of Congress • Personal and Political Backgrounds • Not representative • Median age of House is 55, Senate 60 • Mostly male. 68 women in House, 14 women in the Senate. • 42 African Americans, 24 Hispanics, 5 Asians, and 1 Native American in the House. • 1 African American, 2 Hispanics, 1 Asian, 1 Hawaiian sit in Senate.
Personal and Political Backgrounds (cont.) • Most are married and average 2 children. • 60% are Protestant, 30% Catholic, 6% Jewish. • 1/3 of House and 1/2 of Senate are lawyers • Nearly all have a college degree and many advanced degrees.
Personal and Political Backgrounds (cont.) • Most have political experience • Senators average in second term • House members 4 terms • Former governors • Cabinet seats • The Job • Legislators • Representatives of constituents • Committee members • Servants of constituents • Politicians
The Job (cont.) • Representatives of the people • Trustees—independent judgment • Partisans • Politicos—balancing act • Committee Members • Oversight function • Servants • Compensation (cont.) • The politics of pay • Controversial • Membership Privileges • Legislative Immunity • To protect free speech
Compensation • Salary • $158,000 • Speaker=$193,600 • Senate president pro tem=$172,900 • Nonsalary Compensation • Fringe benefits • Travel • Franking privilege • Free printing