THE LEGISLATIVE BRANCH

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THE LEGISLATIVE BRANCH

• CONGRESS THE HOUSE OF REPRESENTATIVES

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CONGRESS THE NATIONAL LEGISLATURE

• The number one job of Congress is to take the
  public will and transfer it into public policy in
  the form of law.
• Bicameralism (3 reasons)
• 1. Historical Br. Parliament has had 2 houses
  since the 1300s. people.
• 11 colonial assemblies were bicameral.
• Today 49 states are bicameral.
• 2. Practical It was a compromise
  between the Virginia and New Jersey Plans.
• It is a reflection of Federalismwith
  each state being equally represented and the
  people having equal representation.
• 3. Theoretical So that one house could balance
  or check the power of the other.

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SET-UP OF CONGRESS

• 1ST Congress met in Mar. 1789.
• Term 2 yearsstarts at noon on Jan. 3rd of
  every odd-numbered year.1st session of the 111th
  Congress.
• Each term is divided into 2 sessions--- is the
  time period in which Congress conducts its
  business.
• A session is one-year in length.
• The Constitution states that Congress must meet
  at least once every year.
• Congress can adjourn whenever it sees fit, but
  today it normally works from Jan. to Dec.
• Recess Congress can and does take breaks from
  time to time.
• Neither house of Congress can adjourn (sine die)
  without the consent of the other.
• Art. II gives the president the power of
  prorogue.
• He can end a session if the two cannot agree on a
  date. It has never been used.

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• SPECIAL SESSIONS
• To deal with emergency situations the President
  can call Congress back for a special session.
• This has been done 26 times. Last one in
  1948economic issues.
• Pres. Wilson in 1913 called Congress into special
  session and it lasted a year and a half.
• The President does not have to call both Houses
  back.
• Senate- 46 times for treaties and presidential
  appointments.
• Housenever
• Used to be that every year the President
  threatened to call Congress back, especially if
  the budget has not been passed by September.

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THE HOUSE OF REPRESENTATIVES

• SIZE AND TERMS
• The House has 435 members, number set by
  Congress.
• Reapportionment Act of 1929
• One seat for approximately every 650,000 people.
• Seats are reapportioned after every Decennial
  census by the Bureau of the Census.
• Seats are apportioned (divided up) by a states
  population.
• Each state is guaranteed at least one seat. (7
  states have 1 rep., Alaska, Delaware, Montana, N.
  Dakota, S. Dakota, Vermont, Wyoming).
• The territories of DC, Guam, V.I. and Amer. Samoa
  have a delegate that represents them. No voting
  rights.
• Puerto Rico has a resident commissioner.
• Art. I, sect. 2 2 year term of office, no term
  limits

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2010 Districts
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• CONGRESSIONAL DISTRICTS
• 435 Congressional Districts.
• 7 are at-large districts (when everyone in the
  state votes for their Congressman)
• the remaining 428 seats are divided up among the
  other 43 states.
• Until 1842 most states elected their
  Congressmen by the at-large system (General
  Ticket).
• It was unfair because it over-represented certain
  groups rural regions over urban and it gave a
  big advantage to the majority party in the state.
• 1842 Congress passed a law requiring
  single-member districts.
• State legislatures have the responsibility of
  drawing Congressional District boundary lines.
• 1872 Congress proclaimed that each district be as
  equal in population as practical.
• 1901 Congress declared that each district be
  compact.
• This has led to a political phenomenon called
  Gerrymandering.

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• GERRYMANDERING
• This is when Congressional districts are drawn to
  benefit one party over another. Elbridge Gerry.
• It takes two forms
• Packingconcentrate the oppositions voters in
  one or a few districts, thus leaving the other
  districts comfortably for the dominant party
• Crackingto spread out the opposition as thinly
  as possible.
• The main goal is to create as many safe
  districts as possible.
• THE SUPREME COURTS VIEW ON GERRYMANDERING AND
  APPORTIONMENT
• Wesberry v. Sanders, 1964
• This case ruled that Georgias Congressional
  Districts violated Art. I, Sect 2, which
  basically said every persons vote should be
  equal. One man one vote
• Gomillion v. Lightfoot, 1960
• This case ruled that gerrymandering by race alone
  violated the 15th Amendment. Reaffirmed in Bush
  v. Vera, 1996
• Hunt v. Cromartie, 2001, ruled that race can be a
  factor used to draw Congressional used to achieve
  proper proportion. boundary lines, but it has to
  mix with other factorsrace, income and party--

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FORMAL AND INFORMAL QUALIFICATIONS FOR THE HOUSE

• FORMAL QUALIFICATIONS AND RULES
• 25, 7 YEARS A CITIZEN, INHABITANT OF THE STATE.
• TRADITIONALLYRESIDE IN THE DISTRICT HE OR SHE
  REPRESENTS.
• The House judges its own elections it may refuse
  to seat a member-elect, it may punish its members
  for disorderly behavior.
• 1900 Brigham Roberts, Utah, was refused his seat
  for being a polygamist.
• 1969 Adam Clayton Powell, NY, was refused his
  seat for bad behavior before the election, he
  sued
• POWELL V. MCCORMICK, 1969.
• S. Ct. ruled the House could not exclude an
  elected member who met all the Constitutional
  requirements.
• The House has expelled 5 members since 1789. 3
  for supporting the Confederacy during the Civil
  War, Michael Myers, Pa. 1980 for corruption and
  James Traficant, Ohio, 2002 for bribery and
  fraud.

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INFORMAL QUALIFICATIONS

• Party Identification
• Name familiarity
• Gender
• Ethnicity
• CONGRESSIONAL ELECTIONS
• Tuesday after 1st Monday in Nov. of every
  even-numbered year.
• In off-year elections (Pres. not being voted
  on) party in power generally loses seats.
• THE SENATE
• FACTS 1/3 OF THE SENATE USED TO SERVE IN THE
  HOUSE.
• NO CURRENT MEMBER OF THE
  HOUSE EVER SERVED IN THE SENATE.
• MOST HOUSE MEMBERS VIEW THE
  HOUSE AS A SPRINGBOARD TO THE SENATE.
• NICKNAMED THE
  MILLIONAIRES CLUB

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SENATE SIZE, ELECTION AND TERMS

• SIZE
• Constitution says there will be 2 senators from
  each state.
• First senate had 22 members, today there are 100.
• The Framers hoped the Senate would be an elite,
  enlightened and responsible body.
• To reinforce this belief the Framers gave
  Senators a longer term of office6 years and
  stricter qualifications.
• Since they represent the whole state, they
  generally represent a more diverse constituency.
• ELECTIONS
• Originally Senators were chosen by the State
  Legislatures. The Senate fought changing that
  until 1913 with the ratification of the 17th
  Amendment.
• Today they are chosen by the voters in the
  November general elections.

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• SENATE TERM
• Serve 6 year terms, with no term limits.
• Strom Thurmond (SC) was elected 9 times
• Senate terms are staggered, 1/3 of the Senate is
  up for election every two years. This means the
  Senate is in continuous session.
• Reasons for the 6 year term
• -Less subject to public opinion.
• -Less likely to be persuaded by special interest
  groups or lobbyists.
• -insulates them from daily politics.
• Senators constituency the entire state.
• Since there are only 100 senators it enables them
  to be more well knowntherefore more in a
  position to run for the presidency.
• QUALIFICATIONS AND PUNISHMENT
• Formal Qualifications
• Punishment-
• Reprimand--Disorderly behaviormajority vote
• Censure Severe disorderly behavior majority
  vote
• Expulsion Irreprehensible behavior --2/3s vote.
  
• 15 have been expelled.
• Some have resigned for misconduct.

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SALARY AND COMPENSATION

• SALARY
• 174,000
• Speaker- 223,500
• Pro Tempore, Majority and Minority
  leaders--193,400

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THE JOB OF BEING A CONGRESSMAN

• MEMBERS OF CONGRESS PLAY 4 MAJOR ROLES
• 1. Representatives of the people How they
  vote---
• Trustee they use their judgment and experience
  to determine their vote. Foreign policy and
  major military affairs.
• Delegatesvote the way their constituents want
  them to regardless of their view. Social and
  economic issues especially close to elections.
• Partisans vote purely on party lines.
  Important issues as in abortion, gun control, and
  health care.
• Politicosbalance all the different attitudes
  together.
• 2. Committee Members
• As committee members they screen proposals.
• Determine if the bill has enough merit to go
  before the full House or Senate for
  consideration.
• Committees also serve as an oversight function
  concerning the various agencies that work for the
  president. And investigate abuses of power.
• 3. Servants
• Aid their constituents who have problems with the
  government bureaucracynot getting social
  security checks, not being treated right in the
  military, passport problems, getting nominated to
  a Service Academy.
• 4. Politicians
• Working within the government to help their own
  chances of getting re-elected.

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CONGRESSIONAL LEADERS

• HOUSE LEADERS
• Speaker of the House John Boehner (R-Ohio)
• Majority Leader Eric Cantor (R-Va)
• Minority Leader Nancy Pelosi (D-Cal)
• Majority Whip Kevin McCarthy (R-Cal)
• Minority Whip Steny Hoyer (D-Md)
• SENATE LEADERS
• President of the Senate Joe Biden (D-Del)
• President Pro Tempore Patrick Leahy (D-Vt)
• Majority LeaderHarry Reid (D- Nev)
• Minority LeaderMitch McConnell (R-Ky)

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MEMBERSHIP PRIVILEGES

• Legislative Immunity (all crimes except felonies)
• Free from libel and slander when speaking on
  matters of Congressional business in the capitol
  building when Congress is in session..
• CONGRESSIONAL POWERS
• CONGRESS HAS THREE BROAD CATEGORIES OF POWER
• EXPRESSED POWERS-
• A. Powers listed in Article I, section 8,
  clauses 1-17.
• Gibbons v. Ogden, 1824.
• IMPLIED POWERS-
• A. Powers deduced from Art. I, section 8,
  clause 18.
• 1st Bank of the US debate.
• B. Those who oppose itStrict
  Constructionists
• T. Jefferson and J. Madison
• C. Those who favor using itLoose
  Constructionists.
• A. Hamilton, G. Washington
• D. McCulloch v. Maryland, 1819.
• INHERENT POWERS-
• A. Powers that are part of being a
  legislature. To make law, conduct investigations
  and inquiries.
• B. Power of impeachment. (President and
  Federal Court Justices)
• 1. charges brought by the House

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HOW A BILL BECOMES LAW C.12

• TYPES OF LEGISLATION
• TYPES OF COMMITTEES
• HOUSE ACTION
• SENATE ACTION
• PRESIDENTIAL ACTION

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TYPES OF CONGRESSIONAL LEGISLATION

• 1. BILLS
• HOUSE AND SENATE BILLS
• BILLS ARE PROPOSED LAWS, NEED TO PASS BOTH HOUSES
  AND REQUIRE PRESIDENTIAL SIGNATURE.
• PUBLIC BILLS-
• PRIVATE BILLS-
• 2. RESOLUTIONS
• JOINT RESOLUTIONS
• HAVE THE FORCE OF LAW, NEEDS TO PASS BOTH HOUSES
  AND HAVE THE PRESIDENTS SIGNATURE.
• CONCURRENT RESOLUTIONS
• DO NOT HAVE THE FORCE OF LAW, NO PRESIDENTIAL
  ACTION, BOTH HOUSES HAVE TO AGREE.
• HOUSE OR SENATE SIMPLE RESOLUTION
• DOES NOT HAVE THE FORCE OF LAW, DOES NOT NEED
  AGREEMENT FROM BOTH HOUSE.

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CONGRESSIONAL COMMITTEES

• Congress is a collection of committees that
  comes together periodically to approve one
  anothers actions
• 1. STANDING COMMITTEES
• They are permanent committees. They are based on
  subject matter.
• 19 in the House and 17 in the Senate.
• And there are 4 Joint Standing Committees.
• Examples Agriculture, Science, Environment and
  Public Works, Veterans Affairs, Ways and Means.
  (P. 330)
• House committees have between 10 and 75 members,
  Senate committees 14 to 28.
• Bills receive their most thorough consideration
  in committees. The fate of a bill is decided
  here.
• Bill are sent to their appropriate committee by
  the Speaker of the House.
• Each committee is led by a chairman, who is
  chosen by the majority party and by seniority.

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OTHER COMMITTEES

• 2. THE HOUSE RULES COMMITTEE
• 13 member committee.
• The traffic cop of the House.
• Before a bill can go to the full House for
  consideration (debate and vote) it must clear
  the Rules Committee.
• The Rules Committee puts a bill on its proper
  calendar.
• The Senate has no rules committee, the majority
  leader plays this role there.
• 3. SELECT COMMITTEES
• These are committees created for special purposes
  and a limited time. Found in both the House and
  the Senate.
• Members are appointed by the Speaker.
• Their main job is to investigate. Examples
  Watergate Committee and Iran-Contra Committee.

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COMMITTEES CONTINUED

• 4. JOINT AND CONFERENCE COMMITTEES
• They are composed of members from both the House
  and Senate.
• Usually are formed when both Houses have created
  special committees to investigate the same
  matter.
• They are also formed when a bill passes both
  Houses but in different forms Conference
  Committee, its job is to iron out the differences
  in the bill.

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History in the Making 1987 Iran-Contra Affair
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HOW A BILL BECOMES LAW

• HOUSE ACTION
• 1. INTRODUCTION- THE PROPOSAL IS PLACED IN THE
  HOPPER
• THE CLERK NUMBERS THE BILL OR RESOLUTION H.R.1,
  GIVES IT A SHORT TITLE, AND IS ENTERED INTO THE
  HOUSE JOURNAL1ST READING.
• The bill is then printed for all members of the
  House.
• 2. THE BILL IS ASSIGNED TO ITS PROPER COMMITTEE
  BY THE SPEAKER.
• IN COMMITTEE
• PIGEONHOLED THE FATE OF MOST REQUEST BILLS.
• REPORTED FAVORABLY WITH A DO PASS
  RECOMMENDATION.
• REPORT THE BILL IN AN AMENDED FORM.--attach a
  rider.
• REPORT THE BILL WITH AN UNFAVORABLE
  RECOMMENDATION.
• REPORT A COMMITTEE BILL (one completely written
  by the committee).

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LAW

• 3. CALENDAR (Rules Committee does this)
• UNION CALENDAR TAX BILLS, APPROPRIATIONS,
  GOVERNMENT PROPERTY.
• SCHEDULED FOR THE EARLIEST TIME AVAILABLE.
• HOUSE CALENDAR ALL OTHER PUBLIC BILLS.
• 2ND AND 4TH MONDAYS AND THURSDAYS.
• PRIVATE CALENDAR ALL PRIVATE BILLS.
• FRIDAYS.
• CORRECTIONS CALENDAR MINOR BILLS WITHOUT
  OPPOSITION.
• 1ST AND 3RD MONDAYS.
• DISCHARGE CALENDAR PETITION TO DISCHARGE BILLS
  FROM COMMITTEE. WEDNESDAYS.
• 4. BILL TO THE FLOOR
• 2ND READING
• IMPORTANT BILLS COMMITTEE OF THE WHOLE NEEDS A
  QUORUM OF 100 ALLOWS THE ENTIRE HOUSE TO DEBATE,
  AMEND AND VOTE ON THE BILL SECTION BY SECTION.
• THERE IS A 5 MINUTE RULE FOR DEBATE IN THE
  COMMITTEE OF THE WHOLE. WHEN FINISHED THE FULL
  HOUSE IS BACK IN SESSION.
• 5. GENERAL DEBATE
• THE HOUSE IS RECONVENED AND THE HOUSE WILL DEBATE
  THE BILL.
• A MOTION CALLED TO MOVE THE PREVIOUS
  QUESTIONENDS DEBATE.

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LAW

• The bill is now printed in its final
  formEngrossed.
• 6. VOTING
• The bill now receives its 3rd reading, is voted
  on.
• Voting takes place on amendments, procedural
  motions, and on the bill itself.
• Unless it is an override of a presidential veto,
  all that is needed to pass a bill OR any motion
  is a simple majority.
• METHODS OF VOTING
• Voice votesprocedural motions. (If anyone thinks
  the Speaker has miscounted the voice vote they
  can demand a standing vote.)
• Electronic Voting (replaced Teller Vote)
• Roll Call Voteelectronic scoreboard Yea,
  Nay or Present.
• 15 minutes to vote.
• 7. LAST STEP IN THE HOUSE
• If the bill is passed, it is signed by the
  Speaker and sent to the Senate.

POWERS
Lawmaking process
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SENATE ACTION

• INTRODUCTION
• Senator who wishes to introduce a bill is
  formally recognized by the President Pro Tempore
  for that purpose.
• Titled and numbered, read twice then sent to its
  standing committee.
• The full Senate Majority leader determines when
  the bill will be discussed.
• RULES FOR DEBATE
• There is no time limit on debate in the Senate.
• There is a two-speech rule. No one can speak
  more than twice on impending legislation.
• Filibusteris an attempt to talk a bill to
  death. It is done by the minority to delay or
  prevent Senate action on a bill.
• When a filibuster starts the doors to the Senate
  chamber are shut and locked. No one can enter but
  you can leave but not re-enter.
• Longest one man filibuster in US HistoryStrom
  Thurmond24 hrs. 18 minutesCivil Rights Act of
  1957.

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SENATE ACTION

• RULE OF CLOTURE Senate Rule XXII (1917)response
  to the longest tag-team filibuster3
  weeksdefeated a wartime bill.
• Rule of Cloture is used to limit debate to 30
  hours.
• Must be submitted by petition by 16
  senatorspassed by at least 60 senators.
• Most of the time it is not supported because
  Senators like the tradition of filibuster and if
  used a lot it will destroy the utility of
  filibuster.
• FINAL STEPS
• The bill must pass both Houses in identical form.
• If passed in different formsCONFERENCE COMMITTEE
  is created to hammer out the differences.
• The compromised bill can only be voted on as is
  in either House.
• PRESIDENTIAL ACTION (10 working days)
• 1. sign the bill, it becomes law.
• 2. veto, resubmitted to Congress, override with
  2/3s
• 3. No action within 10 days it becomes law.
• 4. No action within the last 10 days of session
  the
• bill diesPocket Veto.