Legislative Branch

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Legislative Branch
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Remember the Constitutional Convention
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• One of the biggest challenges was to set up the
  branch that would make the laws
• And make sure that this branch was strong enough
• The Framers thought this branch was the most
  important so it is outlined in the Article I

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• The small states wanted a unicameral legislature
  (one house) with each state receiving one vote
  (New Jersey Plan)
• The big states wanted a bi-cameral legislature
  (two houses) with both houses based on
  population (Virginia Plan)

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Great Compromise or Connecticut Compromise
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• Framers created a bi-cameral legislature
• U.S. Senate-equal representation two senators
  per state (representing the states)
• U.S. House of Representatives-based on population
  (representing the people as a whole)

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• Why a Bi-Cameral Legislature?

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Historical
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• (1) Historical
• The British Parliament had consisted of two
  houses since 1300
• Americans knew this system well
• most of colonial legislative assemblies (first
  legislative assembly in the new country-House of
  Burgesses in Virginia had a bi-cameral
• legislature)

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Practical Compromise

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• (2) Practical Compromise
• Framers had to create a two-chambered body to
  settle conflict between Virginia and New Jersey
  Plans at Philadelphia
• Most populous states wanted a legislature based
  on population
• Smaller states wanted a legislature that was
  equal
• This was a COMPROMISEwhich one?

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• This also reflected the social class biases of
  the Founding Fathers
• They wished to balance the interests and the
  numerical superiority of the common citizens
  with the property interests of the less numerous
  landowners, banks and merchants
• House would represent common people
• Senate would represent the elite

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As a check
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• As a check on the legislative branch
• Framers favored a bi-cameral legislature in order
  for one house to check the other house
• Framers saw bi-cameralism as a way to diffuse
  power of Congress
• To prevent it from overwhelming the other two
  branches of government

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3 Reasons why we have a bi-cameral Legislature?
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Structure of Congress
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Terms of Congress

• Each term of Congress lasts for two years
• Each Term is divided into two Sessions
• Today, we are in the 110th Congress, 1st Session

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When do they meet?

• In beginning, Congress began their sessions on
  March 4th
• Today Congress begins on January 3rd at Noon
• In early years, Congress met for several months
• Today, it is basically year-round

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Article I created the Legislative Branch
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• U.S. Constitution sets out the formal, or legal
  requirements for membership in the House and
  Senate

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Members of the House of Representatives
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• 25 years old
• Must have been a United States citizen for 7
  years
• Resident of the state they represent (but not
  necessarily their district)

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Members of the U.S. Senate
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• 30 years old
• Must have been a U.S. citizen for nine years
• Must be legal residents of their state

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• Members of each body were to be elected
  differently and would represent different
  interests and constituencies

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• Senators elected to a six year term
• Elected originally by their STATE LEGISLATURE
• 1/3 of them would be up every two years
• Senators were tied closely to their state
  legislatures and were expected to represent those
  interests in the Senate

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Marylands two Senators
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• Barbara Mikulski (D)
• Ben Cardin (D)

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• Because 1/3 of our Senators are up for
  re-election every 2 years, we elect Marylands
  senators during different elections
• For example, Barbara Mikulski was just re-elected
  in 2004 she will not be up for re-election until
  2010
• Paul Sarbanes was re-elected in 2000 his seat
  was up for re-election this past year and Ben
  Cardin was elected

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17th Amendment
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• In 1913, the 17th Amendment provided for the
  direct election of senators-instead of our state
  legislatures choosing our Senators-WE DO thru
  popular vote

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House of Representatives
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• Members of the House were to be elected to
  two-year terms
• Representatives are elected by popular vote
  (people)
• By a vote of the eligible voters in each
  congressional district
• It was expected that the House would be the more
  democratic branch
• Because its members would be more responsible to
  the people (they were directly electing them)
• And more responsive to them (because they were up
  for re-election every two years)

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Members of the House of Representatives
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• Elected for a two year term
• All of our representatives are up for re-election
  every two years
• There are 435 members of the House of
  Representatives
• Each one represents a district (geographic
  area)
• After the 2000 census, each district represents
  approximately 650,000 people
• Each state has at least one district (even if the
  state does not have 650,000 people)

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Today, there are seven states that do not have
650,000 people

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• But each of these states still receives one
  representative in the House of Representatives

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Based on population
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• Maryland has 8 members of the
• House of Representatives

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Marylands Delegation
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• 1st Wayne T. Gilchrest R
• 2nd C.A. Dutch Ruppersberger D
• 3rd John Sarbanes D
• 4th Albert Russell Wynn D
• 5th Steny H. Hoyer D
• 6th Roscoe G. Bartlett R
• 7th Elijah E. Cummings D
• 8th Chris VanHollen D

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U.S. CensusTaken by the U.S. Census Bureau which
is part of Department of Commerce

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Apportionment and Redistricting
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• U.S. Constitution requires that a census be
  conducted every 10 years
• Constitution fixed the number of representatives
  for our first Congress at 65
• After the first census was taken in 1790 it was
  determined that each member would represent
  37,000 people
• As the population grew and states were added

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What happened when the U.S. began to growand
growand grow
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• House of Representatives became larger and larger
• After the 1910 census, it had expanded to 435
  members
• In 1929, size was fixed by law at 435
• Because the Constitution requires that
  representation be based on population
• Congressional districts must be redrawn to
  reflect population shifts so that each member of
  Congress will represent approximately the same
  number of people

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Reapportionment
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• After the U.S. Census, the Department of Commerce
  tells the U.S. Congress how many districts each
  state is allocated
• This of course is based on the population of the
  state and how many people have moved in or moved
  out

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Redistricting
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• The process of redrawing congressional districts
  to reflect increases or decreases in seats
  allocated to the states as well as population
  shifts within a state

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• All of us have one representative(Congressperson
  ) in the U.S. House of Representatives
• Two U.S. Senators in the U.S. Senate
• One Maryland Senator in the Maryland State
  Senate
• Three Maryland delegates (in the Maryland House
  of Delegates)

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Marylands Eight Congressional Districts (for the
U.S. Congress)
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Marylands 47 State Legislative Districts (for
the Maryland General Assembly)
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The job of drawing the new districts belongs to
the State Legislatures

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And we can guess that this process can get very
POLITICALWHY?
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• Historically, state legislature have abused their
  power to divide the state into congressional
  districts by gerrymandering
• Gerrymandering means that the political party
  controlling the state government draws a
  districts boundary lines to gain an advantage in
  elections

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What do gerrymandered districts look like???
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• The U.S. Supreme Court has ruled that
  congressional districts must be compact and
  contiguous, or physically adjoining
• Still today, many districts are drawn in
  irregular shapes for political reasons

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Americans are moving to the Sunbelt
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So what do you think has been happening in the
past 50 years to the number of representatives in
those sunbelt states?