Unit V Notes The Legislative Branch

1. Unit V Notes The Legislative Branch

2. Why is Congress called the “World’s Most Exclusive Club”? • There are only 535 Members and it costs between $45 and $300 Million to win an election!

3. Why is Congress called “the First Branch”? • It is the first mentioned in the Constitution • It is the most powerful of the three branches with 18 delegated powers and implied powers • It is the only branch that is directly elected by the people of the United States.

4. What is the primary job of Congress? • “To make laws for the good of the people of the United States of America”

5. What is bicameralism? • Bicameral means that a legislative body, like Congress, has two houses. • We have the US House of Representative and the US Senate.

6. Why did the Framers choose to have a bicameral legislature? • History: we had positive experiences with bicameral legislatures in the past • Practicality: it settled the dispute over representation between VA and NJ • Theoretically: it allows for checks and balances within the most powerful branch

7. What is the Term of Congress? • Congress has a two year term. • Terms begin at noon on January 3rd of every odd numbered year.

8. What is a session? • A session is a formal meeting of the Congress. • Two formal sessions are required each year. • Traditionally, Congress met in two 4 month sessions each year. • Today, Congress meets year-round with short recesses in: • October • November • December • March • August

10. What is a special session? • A congressional session called by the President after the Congress has adjourned their term. • Last one called was 1948 by Truman. • Can’t call a special session if Congress is in a regular session. • Congress will adjourn this term when the 113th term is beginning.

11. The US House of Representatives • How is the size of the House determined? • The Constitution allows that the House set its own size • The must grant every State at least one seat • The rest of the seats are apportioned by the population of each State • The size of the House was made permanent in 1929 • There are 435 US Representatives today

12. US House of Representatives • Each State is entitled to one seat • 7 States get only one seat (too small for more) Alaska, Delaware, North Dakota, South Dakota, Vermont, Wyoming, Montana Each State gets one seat for every 944,000 residents

13. US House of Representatives • What are Delegates and Commissioners? • Delegates: represent our Federal District; Washington, D.C. • Commissioners: represent our territories (Guam, American Virgin Islands, Puerto Rico, American Samoa, Marianas Islands) • Neither have a vote or voice on the floor • Can debate and vote in Committee

14. US House of Representatives Reapportionment: adjusting the number of seats that each State receives based on changes in their population as reflected in each decades’ census.

15. 2010 reapportionment • Texas received an additional 4 seats • This will bring our # of Representatives to 36

16. US House of RepresentativesWho is your US Representative? • Randy Weber, 14th District of Texas • Is member of the Republican Party • Lives in Pearland, TX • Graduate of ACC and U of H Clear Lake • Owns an AC repair company in Pearland • Served on Pearland City Council for 2 terms • Served 2 terms in the Texas House • Married to Brenda, a teacher at Pearland HS, for 34 years • Has 3 children and 4 grandchildren

17. Randy Weber- US Representative 14th District of Texas • Committee Assignments: • Foreign Affairs • Science, Space, and Technology

18. What did the Reapportionment Act of 1929 do? • Set the permanent size of the House at 435 • Allowed the Census Bureau determine the number of seats granted to each State • Requires congressional approval of the Reapportionment Plan

19. How many people does each member of the House serve today? • 944,000 • Determine by the following: • 1. count the population of the US • 2. divide the US population by 435 to get the # of people each member will serve Example: US population is 41,000,000 Divide by 435= 944,000 people per Representative -3. Take the population of Texas and divide by 944,000 to see how many representatives we should get. -4. 34,000,000 divided by 944,000=36Reps

20. When are congressional elections held? • “On the Tuesday, following the first Monday in November, every even-numbered year” • Article One, Section 8 of the US Constitution

21. What is the term of office in the House? • The House has a 2 year term. • “Constant Campaign” is the result.

22. What is gerrymandering? • Drawing lines for congressional districts to the advantage of the party in power • Wesberry v. Sanders: made gerrymandering illegal • “one man, one vote rule” • Each District must be on contiguous territory • Each District must be of compact size • Each District must have the same number of people

23. What are the legal/constitutional requirements to be a member of the House of Representatives? • 25 years of age • US citizen for a minimum of 7 years • Resident of the State from which elected

24. What are the traditional, unwritten, voter-imposed requirements to be a Member of the HoR? • White (78%) • Male (87 %) • Protestant (65%) • Married w/ 2.45 kids • Lawyer (56%) • Over the age of 50 (54 is ave) • Upper level of income ($490,000 is ave.) • Dog owner (94%) • Born in State (88%) • Etc…

25. What can the House do to a Member-elect? • Refuse to seat him by a majority vote • Last attempt was made in 1900. Representative-elect Roberts (D-Utah)was denied his seat due to his polygamy.

26. The 3 levels of punishment for a Member of Congress are: • Censure : a warning • Sanction: warning + fine • Expulsion: removal from office • These are not judicial proceedings, so a person cannot appeal the judgment of the Speaker of the House • Last censure: 2009 Rep. Joe Myers (R-SC) • Last expulsion: 1990 Rep. R. Myers (D-Ohio)

27. The United States Senate • 100 Senators • 2 per State • Only way to increase the size of the Senate is to add States

28. 17th Amendment • Changed the way Senators are elected • Originally elected by States’ legislatures • NOW: elected by population of each State • “the popular election of the Senate”

29. Terms of Office for Senate • Senators serve 6 year terms • Terms in the Senate are staggered • 1/3rd of the Senate is up for election every 2 yrs • Called a “continuous body”

30. Why do Senators have a longer term than Representatives? The Senate was created to be a more “deliberative body”. The longer term allows Senators to be: 1. Freer from public opinion 2. able to vote their conscious 3. less constrained by the pressures of constant campaigning

31. Why is the Senate called a “continuous body”? • Since only 1/3rd of the Senate is up for re-election every two years, the majority of the Senate is always experienced. • Unlike the House, the Senate does not have start over every two years.

32. The legal or constitutional requirements for the Senate • Be at least 30 years of age • Be a U.S. citizen for a minimum of 9 years • Be a resident of the State from which you were elected

33. Traditional or voter-imposed qualifications for the Senate • White (only 3 non-whites) • Male (only 16 women) • Protestant (70%) • College Grad (80% Ivy League) • Lawyers (68%!) • Married w/ kids (98%) • Previously served in government (82%) • Military service (58%) • Born in the State from which elected (90%) • Dog owner (100%) • Etc….

34. Senator John Cornyn • First elected to the Senate in 2002 • Resident of San Antonio • Serves as Deputy Whip of the Republican Party • Born in Houston (Rice Village) • Married w/ two daughters • Graduate of Trinity University • J.D. from St. Mary’s School of Law • Elected Attorney General of Texas 4 terms • Elected as Texas Supreme Court Justice 2 terms • Current Committee assignments: • Armed Services • Judiciary • Budget • Small Business • Economic Development

35. Senator Ted Cruz • First elected to US Senate in 2012 • Served as Solicitor General of Texas • Taught as UT Law School for 6 years • Graduate of Princeton and Harvard Law • Clerked for Chief Justice Renquist

36. Comparison of the House and Senate

37. Members of Congress are NOT a Cross-section of America! • Congress does not look like America • Average Member of Congress is: • White • Male • Protestant • Married (to original spouse) • Average of 2.5 kids • An Ivy League grad • Lawyer • Born in the State they serve • Very wealthy (ave. $758,000 yr) • Previous gov’t service • Military experience

38. Roles of Congress • Legislators: make laws for the U.S. (1,000 per yr) • Committee Members: debate the merits of bills; majority of legislative work is done in committees • Represent Constituents: vote as directed by the folks back in their District/State • Servant of Constituents: help people in the District/State with problems involving the Gov • Politicians: constantly campaigning for re-election and raising funds • Have to do all 5 every day….. Sometimes at the same time!!!!

39. Congressional Voting Philosophies • Trustee: vote is based on own knowledge and judgment • Delegate: vote is based on the public opinion of the District/State • Partisan: vote is based on political party • Politicos: try to combine judgment, public opinion, and party… make everyone happy!

40. Congressional Pay • Members of Congress are some of the only people in the world who get to decide their own pay! • Current salary: $174,000 (House and Senate) • Speaker/Pres-Pro Tem: $223,500 • Maj./Min Leaders: $193,400

41. Congressional Pay

42. Congressional Pay • Restrictions on pay raises: • Voters: We hate it when they raise their pay! • 27th Amendment: limits pay; cannot raise their pay in the same term; must get re-elected to get raise

43. Health Insurance Coverage • Members of Congress have one of the best health care plans in the country • Monthly premiums they pay $55.58-157.46 for coverage; Taxpayers pay 75% of the premiums • Office of the Attending Physician: Members pay $491.00 a year. Covers all except: • Surgery • Eyeglasses/contact lens • Dental Care • Prescriptions (Members pay $5-20 per month) • No charge for medical care at: • Walter Reed Army Medical Hospital • Bethesda National Navy Hospital (Family members are not eligible for free care)

44. COLAs “ Cost of Living Adjustments • One of the ways that Congress receives raises without actually voting to raise their pay • When we have inflation, Congress gets an automatic pay raise based upon the inflation rate • Last year COLA was 4%

45. Office Budgets: House • Called the Members Representational Allowance • How much? Between $1,673,592-1,781,385 per year • Amount depends on 3 things: • Distance of home State from DC • Cost of office space in congressional district • Number of households in your congressional district

46. Office Budgets: House • What does the MRA cover? • Salaries of Staff Members (15-20 people) • Equipment (computers, copiers, fax, phones,…) • District office rental (home State) • Member and staff travel (some) • Supplies and materials (paper, toner, pens, …) • Printing and reproduction of speeches, photos, mailers, …)

47. Senate Budgets • The Senate has budgets for each of the following areas: (amounts based on size of State) • Office Staff : $2.7-4.3 Million • Computer Services : $180,000-285,000 • Home State Furniture and Equipment: $63,000 • Reception room Allowance: $5,000 a year • State Office Rent: undisclosed • DC Office/State Office Equipment: undisclosed • Phone Service : unlimited • Paper and Envelopes: unlimited • Printing: unlimited

48. Perks • A perk is a non-cash fringe benefit • Congress may add these items for themselves by a majority vote • Usually added to an important bill in the hopes that no one will notice!

49. Congressional Perks • Tax Exemption: for 2nd residence requirement • Insurance: life, auto, etc… • Health Care • Parking: free at Capitol and Reagan National

50. Congressional Perks • License plates: allow Members to park almost anywhere in DC