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Congress. Chapter 10. The National Legislature. Section I. Concepts. What type of democracy does America have? Indirect Democracy Representative Democracy General public not directly involved Congress fulfills duties of the day-to-day government Translates public will into public policy
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Congress Chapter 10
The National Legislature Section I
Concepts • What type of democracy does America have? • Indirect Democracy • Representative Democracy • General public not directly involved • Congress fulfills duties of the day-to-day government • Translates public will into public policy • Creates laws • “First Branch”- Madison • Outlined in Article I of the Constitution
A Bicameral Congress • Two Houses • Precedence • Historical • British Parliament has two houses • 1787-All but two states had bicameral houses • Nebraska remaining unicameral state
…Continued • Practical • Compromise between Virginia & New Jersey Plans • Federalist idea • Equality in the Senate • Popular separation in the House • Theoretical • Two houses “Check” each other • Prevents Congress from becoming too powerful
Terms of Congress • Each term lasts 2 years • Consecutively numbered • 20th Amendment • Changed term start date • Formerly in March • Now 3rd day in January at noon • Currently, 113th Congress • January 3, 2013-January 3, 2015
Sessions • Session-Yearly time when Congress meets and conducts business • Two sessions per term • Congress typically works most of a year • Several short breaks • Holiday/Seasonal Breaks • Allowances to work in States • Adjourns-Suspension until next session • Both houses must agree on an adjournment • President may prorogue (end) a session • Never been used
Special Sessions • Meeting to deal with an emergency issue • Can only be called by the President • 26 Special Sessions have been called • Most recent 1948, President Truman • Senate called 46 times • Consider treaties or presidential appointments • Not since 1933 • House never called alone • Year round meetings limit special sessions • Limits presidential power • Threats used now more than the action
Section II The House of Representatives
Size & Terms • 435 Current Membership • Set by Congress and NOT by the Constitution • Seats should be apportioned among States • Population based • Each state guaranteed one • AK, DE, MT, ND, SD, VT, & WY • Other appointments • Elected representative- DC, Guam, Virgin Islands, & American Samoa • Resident Commissioner- Puerto Rico • Not full members
…Continued • Article I, Sec. II, Clause I • Elections held every two years • Elections always looming • The purpose • Keep better ear to electorate issues • No limit on number of terms • Past pushes to place term limits • 3 to 4 terms • 6 to 8 years
Reapportionment • Redistribution of the House occurs after every ten year census • First Two Congresses (1789-1793) • 65 Seats • 1790 census • 3.9 Million Americans • 41 Seats added • Total of 106
A Growing Nation • As more states were added so too did the number of seats grow • 435 seats achieved in 1912 • 1910 census • Admission of Arizona & New Mexico • Size of the House was proving difficult to manage • Congress chose to do nothing • No reapportionment after the 1920 census
The Reapportionment Act of 1929 • Establishes • “Permanent” House size at 435 members • Congress may enlarge the House • Census Bureau will determine number of seats per state • Bureau’s plan must be sent to Congress • After 60 days with no rejection the plan becomes effective • Congress stays Constitutionally correct • Pressure placed on Census Bureau
Congressional Election Dates • Held the same day across the Country • First Tuesday after the first Monday of Nov. • Even numbered years • Alaska once voted in Oct. • Ballots must be either written or printed • Voting machines approved in 1899 • Most modern elections use electronic voting machines
Off-Year Elections • Occur in nonpresidential election years • 2010 the most recent • Party in power usually loses seats • Example • 1974 Nixon’s party did poorly after Watergate • 1994 during Clinton’s first term • Exception • 1998 Republicans lost seats during Clinton impeachment • Limited public support
Districts • 435 national districts • Seven states have 1 • 43 states hold the remaining 428 • Single-Member District • Voters chose from a list of State candidates • General Ticket System • Voters could vote for candidates from each district • Seen as unfair • Ended in 1842
…Continued • Rules on the Districts • 1842 Law: District must be of contiguous territory State legislatures responsible for district drawing • 1872: Districts should have as equal as possible populations • 1901: Districts small in area • State legislatures did not follow Laws • Not expressed in Reapportionment Act of 1929 • 1932 Supreme Court repealed laws
Gerrymandering • Districts drawn to advantage of political party in power • Found across U.S. and in varying levels of government • Two forms • Concentrate the opposition’s voter into one district • Spread opposition thinly
…Continued • Purpose is to create “safe” districts • Has made most Congressional seats safe • 40 Congressional districts deemed “unsafe” • Push in power between • the Rep. and Dem. • the Urban and Rural • Can become race based
Qualification For House Membership • Formal • 25 years of age • U.S. citizen for at least 7 years • Inhabit the State from which they are elected • Customs • Live in the district of representation
…Continued • House has final say on Representative election issues • Refused Brigham Roberts (1900) from Utah due to his religious practices • Congress can not, now, prevent someone from taking office • House can punish or expel members • With majority or 2/3 vote respectively • Reasons for past expulsions • “Support of rebellion”, corruption, bribery, fraud, and tax evasion
Informal Qualifications • “Vote-getting abilities” • Party identification • Name familiarity • Gender • Ethnic characteristics • Political experience • Game of getting the right combination Bill Enyart 12th Congressional District of Illinois
Section III The Senate
Size • 100 Member Senate • Equal representation for all states • Larger and more broad electorate • Has grown as the country has grown • Goal • Senate would be the more level headed chamber • Longer terms • Membership qualifications higher
Elections • Senators originally picked by State legislatures • Twice Senate voted down House-passed amendment • 1912-Senate finally relented • 17th Amendment (1913) allowed for voter choice • 1 Senator up for election at a time • Pre-17th Amendment • Senators picked who were popular or most qualified • Often product of political/financial gains • Senate once known as the “Millionaire’s Club”
Terms • Six year terms • No term limit • Robert Byrd (D-WV) longest serving Senator • 1959-2010 • Over 51 years of service • Staggered Terms • 1/3 of Senators up for election at a time • Makes the Senate a Continuous House • Job Security • Less susceptible to public pressure
…Continued • Longer terms means better focus on “Big Picture” ideas • Appeal to a larger Constituency • Champion of public policy issues • Better access to public media • Training ground for presidential candidates
Qualifications Senator Dick Durbin • 30 years of age • U.S. citizen for at least 9 years • Live in the State from which elected Senator Mark Kirk
…Continued • Senate judges qualifications of election victors • Senate may punish (majority vote) or expel (2/3 vote) members • 1797 • William Blount expelled • Conspiring to invade Florida with British and Native American assistance • 1861-1862 • 14 Senators expelled in the early years of the Civil War • “Support of rebellion”
Members of Congress Section IV
113th Congress Demographics • New Members • 13 Senators • 84 House Members • Women • 78 in the House • 20 in the Senate • 95% of the Senate is white • 19% of the House are from minority groups • 8.5% of the House is under 40
…Continued • 27% of the Senate is Catholic • 5 former athletes • 12 who have served in the armed forces • Senate • 52 Democrats, 2 Independence (D), & 46 Republicans • House • 232 Republicans, 200 Democrats, 3 Vacancies
The Job • Congressmen and women hold several positions • Legislator/Legislative Delegate • Representative of Constituents • Committee Member • Constituent Servant • Politician
“To Represent” • Trustees • Each question set before members must be looked carefully • Judge for constituencies • Agents of the people • Think of the “Folks back home” • MUST suppress own views
…Continued • Partisan • First allegiance to political party • Duty bound to vote on party lines • Leading voting factor • Politicos • Balance between being a • Legislative Delegate • Trustee • Partisan
…Continued • Committee Member • Bill process begins in committee • Congressional members hear, amendment, kill proposals • Perform an oversight function • Leg. check on executive branch agencies • Makes sure Congressional policies and laws are being followed
Servants • Assist constituents through federal bureaucracy • Social Security • Passport trouble • Small business loans • Continually swamped with requests • Securing government contracts • Admittance into a military academy • Potential votes are on the line
Compensation • Salary • Annual Congressional members salary • $174,000 • Between 1789-1815 ($6 a day) • Speaker of the House • $223.500 • Leadership (Majority Leader, Whips, etc.) • $193,400
…Continued • Non-salary Compensation • Fringe Benefits • Special Tax Deductions • Travel Allowances • Smaller Insurance Payments • Low Medical Cost • Access to Military Hospitals • Retirement Plan • Based on years of service
…Continued • Offices in Washington & Home State • Operating costs • Hiring staff • Franking Privilege • Postage-free mailing/ “signature stamp” • Free printing/low cost production • Restaurants, gyms, pools, etc. access in D.C. • Access to Library of Congress • Free Parking • Capital • Washington airports
Politics of Pay • Only two limits on Congressional pay level • Presidential veto • Voter backlash • Congress skirts compensation issue for voters • Hope • Pay and benefits may attract the most qualified individuals to public office