2Article I of the U.S. Constitution * Article I, Sec. 1: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”* Why did the Founding Fathers put Congress first? (James Madison – the “first branch of government”)* Ensures representation of the people!* Ultimate authority for enacting laws! – think about that…"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.”
3Article I of the U.S. Constitution *Article I Created a Bicameral legislature: two separate chambers of Congress (thanks – “Great Compromise”) and are EQUAL IN POWER!* Senate – “Upper House” – Original intent was to represent the states – typically considered MORE PRESTIGIOUS!* Confirm POTUS appointments, treaties, conduct impeachment trials…* House of Representatives – “Lower House” – the “People’s House”The HOUSE was the ONLY part of the federal government who was elected by the people per our U.S. Constitution…* All bills to raise revenue must originate in the House, deciding on impeachment…* Think about representative gov’t in 1789…
4Constitutional Qualifications * House of Representatives: 25 years old, citizen for 7 years, resident of state* Article I, Sec. 2: “No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.”* Senate: 30 years old, citizen for 9 years, resident of state* Article I, Sec. 3: “No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.”The Senate is the sole judge of a senator's qualifications:* During its early years, however, the Senate did not closely scrutinize the qualifications of members… As a result, three senators who failed to meet the age qualification were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806 – 17 days into his term!), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since… In 1934, Rush D. Holt, Sr. was elected to the Senate at the age of 29; he waited until he turned 30 to take the oath of office.Likewise, Joe Biden was elected to the Senate shortly before his 30th birthday in 1972; he had passed his 30th birthday by the time the Senate conducted its swearing-in ceremony for that year's incoming senators in January 1973.The Fourteenth Amendment to the United States Constitution disqualifies from the Senate any federal or state officers who had taken the requisite oath to support the Constitution, but later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who sided with the Confederacy from serving. That Amendment, however, also provides a method to remove that disqualification: a two-thirds vote of both chambers of Congress.* Article I, Sec. 5: “Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members…” (Henry Clay, 1806 – Joe Biden, 1972)
5House: Size* Article I, Sec. 2: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative...” (Reapportionment and Redistricting)* The U.S. Census! (every 10 years) – dictates Representation in the House* House of Representatives in 1789… 65 Reps. (13 states)* House of Representatives in 2013 (since 1913)… 435 Reps.History of the Census – The first census began more than a year after the inauguration of President Washington and shortly before the second session of the first Congress ended. Congress assigned responsibility for the 1790 Census to the marshals of the U.S. judicial districts. The pay allowed for the 1790 "enumerators" was very small, and did not exceed $1 for 50 people properly recorded on the rolls.The First Federal Congress established a special committee to prepare the questions to be included in the first census. The suggestions were likely debated in the House, and according to a report in a Boston newspaper, Virginia Representative James Madison recommended at least five of the initial six questions.The six inquiries in 1790 called for questions on gender, race, relationship to the head of household, name of the head of household, and the number of slaves, if any. Marshals in some states went beyond these questions and collected data on occupation and the number of dwellings in a city or town.The 2010 questionnaire is one of the shortest in history, and comes very close to the length and scope of inquiries asked in Everyone in the household answers seven questions: name, gender, race, ethnicity, and whether they sometimes live somewhere else. The head of household answers how many people live in the residence, whether it is a house, apartment, or mobile home, and provides a telephone number for Census workers to follow up if any information is incomplete or missing.The first census in 1790 was managed under the direction of Thomas Jefferson, the Secretary of State. Marshals took the census in the original 13 states plus the districts of Kentucky, Maine, and Vermont, and the Southwest Territory (Tennessee). Secretary of State Thomas Jefferson was nominal supervisor of the census on Census Day, August 2, 1790.The Apportionment Act of 1911, also known as Public Law 62-5, was passed by the United States Congress on August 8, The law set the number of members of the United States House of Representatives at 435, effective with the 63rd Congress on March 3, This number included a provision for the addition of one seat each for Arizona and New Mexico when they became states…* Washington D.C., American Samoa, U.S. Virgin Islands, Guam, Mariana Islands and Puerto Rico each have 1 non-voting “Delegate”* 435 Congressional Districts spread throughout the 50 states + 6 Delegates = 441 Total Representatives in the House!* If original standards were still upheld today, the House of Representatives would have 10,400 Reps.!
6* Why did the Progressives want the 17th Amendment? * Senate: Size* Article I, Sec. 3: “The Senate of the United States shall be composed of two Senators from each State chosen by the Legislature thereof… Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year…”* Senate in 1789… 26 Senators (13 states)* Senate in 2013… 100 Senators (since 1959 – Alaska and Hawaii)* 17th Amendment: “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof…”* Why did the Progressives want the 17th Amendment? *
7House: Terms* Article I, Sec. 2: “The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…”* Terms for members of the House are two years – and coincide with a term of Congress… (the House dissolves every two years)This means that the House re-elects Leaders and Officers; comes up with new rules and procedures; and basically starts from scratch every two years!
8Senate: Terms* Article I, Sec. 3: “The Senate of the United States shall be composed of two Senators from each State chosen by the Legislature thereof… Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year…”* Senate elections are staggered; approximately 1/3 of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year! (the Senate is a continuous body)After the first group of Senators was elected to the First Congress (1789–1791), the Senators were divided into three "classes" as nearly equal in size as possible, as required by this section… Those Senators grouped in the first class had their term expire after only two years; those Senators in the second class had their term expire after only four years, instead of six. After this, all Senators from those States have been elected to six-year terms, and as new States have joined the Union, their Senate seats have been assigned to one of the three classes, maintaining each grouping as nearly equal in size as possible.In this way, election is staggered; approximately one-third of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years)…* Class I expires in 2019, Class II in 2015, and Class III in 2017 (Brown, Class I –Portman, Class III)
10Structure of the House* Committees are where most of the work in Congress is done! – consider bills and issues and oversee agencies, programs, and activities within their jurisdictions* There are 20 Standing Committees in the House – permanent committees with specific responsibilities spelled out in the House’s rules* There is 1 Select Committee in the House – established by a separate resolution of the parent chamber, sometimes to conduct investigations and studies, sometimes to consider measuresSelect committees usually are established by a separate resolution of the parent chamber, sometimes to conduct investigations and studies, sometimes to consider measures. Often one is established because the existing standing committee system does not address an issue comprehensively, or because a particular event sparks interest in an investigation. A select committee may be permanent or temporary. Special committees, and more rarely, undesignated committees, tend to be similar in constitution and function.Joint committees are made up of members of both chambers. Today, they usually are permanent panels that conduct studies or perform housekeeping tasks rather than consider measures. A conference committee is a temporary joint committee formed to resolve differences in Senate-passed and House-passed versions of a particular measure.* There are 4 Joint Committees for the House and Senate – made up of members of both chambers ; permanent panels that conduct studies or perform housekeeping tasks rather than consider measuresEvery committee has a Chairperson (majority party) and a Ranking Member (minority party)
11Structure of the House* Elected at the beginning of each Congress, House Officers include: the Clerk of the House, the Sergeant at Arms, the Chief Administrative Officer, and the Chaplain* Clerk of the House – maintains public records, prepares documents, etc.* Sergeant at Arms – the House's chief law enforcement officer maintains order and security on House premisesThe House's chief officer is the Clerk, who maintains public records, prepares documents, and oversees junior officials, including pages… The Clerk also presides over the House at the beginning of each new Congress pending the election of a Speaker.Another officer is the Chief Administrative Officer, responsible for the day-to-day administrative support to the House of Representatives. This includes everything from payroll to foodservice…The Chaplain leads the House in prayer at the opening of the day…There is also a Sergeant at Arms, who as the House's chief law enforcement officer maintains order and security on House premises. Finally, routine police work is handled by the United States Capitol Police, which is supervised by the Capitol Police Board, a body to which the Sergeant at Arms belongs…* Chief Administrative Officer – responsible for the day-to-day administrative support to the House of Representatives* Chaplain – leads the House in prayer at the opening of the day
12Structure of the Senate * There are 16 Standing Committees in the Senate – Standing committees are permanent committees with specific responsibilities spelled out in the House’s rules* There are 4 Select or Special Committees in the Senate – Select, or special, committees usually are established by a separate resolution of the parent chamber, sometimes to conduct investigations and studies, sometimes to consider measuresSenate committees are divided, according to relative importance, into three categories: Class A, Class B, and Class C. Individual Senators are in general limited to service on two Class A committees and one Class B committee. Assignment to Class C committees is made without reference to a member's service on any other panels.Standing committees – Standing committees are permanent bodies with specific responsibilities spelled out in the Senate's rules. Twelve of the sixteen current standing committees are Class A panels. They are Agriculture; Appropriations; Armed Services; Banking, Housing and Urban Affairs; Commerce, Science, and Transportation; Energy and Natural Resources; Environment and Public Works; Finance; Foreign Relations; Governmental Affairs; Judiciary; and Labor and Human Resources.There are four Class B standing committees: Budget; Rules and Administration; Small Business; and Veterans' Affairs. There are currently no Class C standing committees.Other, select and special committees – Other (i.e., Indian Affairs), select and special committees are ranked as Class B or Class C committees. They are created for clearly specified purposes. There are currently two Class B committees: the Select Committee on Intelligence and the Special Committee on Aging, and two Class C committees: the Committee on Indian Affairs and the Select Committee on Ethics.Joint committees – Joint Committees are used for purposes of legislative and administrative coordination. At present there are four: the Joint Economic Committee (Class B), the Joint Committee on the Library (Class C), the Joint Committee on Printing (Class C), and the Joint Committee on Taxation (Class C).Jurisdiction – Standing committees in the Senate have their jurisdiction set by three primary sources: Senate Rules, ad hoc Senate Resolutions, and Senate Resolutions related to committee funding. To see an overview of the jurisdictions of standing committees in the Senate, see Standing Rules of the United States Senate, Rule XXV.Just like the House, every committee has a Chairperson (majority party) and a Ranking Member (minority party)
13Structure of the Senate * Just like the House, in the Senate, there are several positions held by Senate staff that help to ensure that the business of the Senate runs smoothly!* Because the Senate is a continuous body, these administrative positions are elected when vacancies arise, Senate Officers include: the Secretary of the Senate, the Sergeant at Arms, Party Secretaries and the Chaplain* Secretary of the Senate – maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerksThe Senate is served by several officials who are not members. The Senate's chief administrative officer is the Secretary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks.The Assistant Secretary of the Senate aids the secretary in his or her work.Another official is the Sergeant at Arms who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight.Other employees include the Chaplain, who is elected by the Senate, and Pages, who are appointed.Both major parties elect a party secretary -- a secretary for the majority and a secretary for the minority. Seated on either side of the Senate Chamber, the party secretaries see that pages are at their posts and cloakrooms are staffed. They schedule legislation on the floor and inform senators of all pending business, keeping them updated on bills, motions, nominations, and amendments in preparation for roll call votes.* Party Secretaries – schedule legislation on the floor and inform senators of all pending business, keeping them updated on bills, motions, nominations, and amendments in preparation for roll call votes
14Procedural Differences * More differences than similarities emerge when comparing selected House and Senate rules of procedure for referring legislation to committees, and for scheduling, raising and considering measures on the floor.* OVERALL, the House is much more structured than the Senate – there are more rules governing debate and discussion!More differences than similarities emerge when comparing selected House andSenate rules of procedure for referring legislation to committees, and for scheduling,raising and considering measures on the floor.While the House uses four calendars (Union, House, Private, Discharge), theSenate only employs two calendars (Legislative and Executive). The House’s systemof special days for considering certain types of measures (e.g., “District Days”) hasno equivalent in the Senate.In making scheduling decisions, the Speaker typically consults only withmajority party leaders and selected Representatives whereas the Senate MajorityLeader confers broadly with minority party leaders and interested Senators. TheSpeaker’s dual position as leader of the majority party and the House’s presidingofficer gives him more authority to govern floor proceedings than the Senate’spresiding officer. While debate time is always restricted in the House, individualSenators generally have the right to unlimited debate.Most noncontroversial measures are approved by “suspension of the rules” inthe House, and by unanimous consent in the Senate. Floor consideration of majorbills is generally governed by “special rules” in the House, and by “complexunanimous consent agreements” in the Senate. The House typically meets in theCommittee of the Whole to consider major legislation; no such committee exists inthe Senate. The House considers and amends legislation in a more structured manner(e.g., by section or title) than the Senate. In addition, while germaneness ofamendments is required in the House, it is mandated only in four instances in theSenate. Rollcall votes can be requested at almost any time in the Senate, but onlyafter completing a voice or division vote in the House.Because the Senate often recesses instead of adjourning at the end of the day,Senate legislative days can continue for several calendar days. By contrast, theHouse routinely adjourns at the end of each legislative day.
15Procedural Differences * The House uses 4 Calendars to the Senate’s 2 Calendars* Once a bill makes it out of a committee, it is placed on a calendar (both House and Senate)* House calendars: Union, House, Private, Discharge1.) Public bills and resolutions reported to the House are placed on the Union Calendar2.) Public bills and resolutions that are not placed on the Union Calendar are referred to the House Calendar3.) All private bills reported to the House are placed on the Private CalendarWhile the House uses four calendars (Union, House, Private, Discharge), the Senate only employs two calendars (Legislative and Executive). The House’s system of special days for considering certain types of measures (e.g., “District Days”) has no equivalent in the Senate.All private bills reported to the House are placed on the Private Calendar. The Private Calendar is called on the first and third Tuesdays of each month. If objection is made by two or more Members to the consideration of any measure called, it is recommitted to the committee that reported it. There are six official objectors, three on the majority side and three on the minority side, who make a careful study of each bill or resolution on the Private Calendar. The official objectors' role is to object to a measure that does not conform to the requirements for that calendar and prevent the passage without debate of non-meritorious bills and resolutions. Private bills that have been reported from committee are only considered under the calendar procedure. Alternative procedures reserved for public bills are not applicable for reported private bills.The Senate only has two calendars: the Calendar of Business (commonly called the “Legislative Calendar”), and the Executive Calendar. Nominations and treaties are referred to the Executive Calendar. Legislation reported from committee are referred to the Calendar of Business, or placed on this calendar by unanimous consent. As discussed earlier, Rule XIV provides a procedure for placing measures on the Calendar of Business without reference to committee.4.) When members of the House sign a petition to discharge a bill from a certain committee, it is placed on the Discharge Calendar* Senate calendars: Business and Executive1.) ALL Legislation reported from committee are referred to the Calendar of Business2.) Nominations and treaties are referred to the Executive Calendar
16Procedural Differences * For scheduling legislation, the Speaker of the House consults with the Majority Leader; the Majority Leader in the Senate usually consults anyone interested* Remember those calendars we just discussed? It is the prerogative of the Speaker of the House and the Majority Leader in the Senate to call legislation off of those calendars to be considered on their respective floors!
17Procedural Differences * Debate time and Manner is always restricted in the House (and must be GERMANE), individual Senators generally have the right to unlimited debate (KEY DIFFERENCE)* Because of rule differences in the House and Senate, Senators have the ability to filibuster legislation! (Cloture can be invoked – supermajority)House debate nearly always takes place under some form of time restriction.There is the “one-hour” rule for debate in the House (Rule XVII, clause 2), and the“five-minute” rule during the amendment process in the Committee of the Whole(Rule XVIII, clause 5(a)). Debate is limited to forty minutes for bills consideredunder the suspension of the rules procedure. Special rules can impose timerestrictions on debate, and rule-making provisions in statutes often limit debate oncertain types of measures such as budget resolutions.Time restrictions make it difficult for individual Representatives to get debatetime on the floor. When Members are accorded debate time, they rarely receive morethan two to five minutes. Representatives can be recognized to speak for up to fiveminutes during the “morning hour” debates before legislative business commenceson Mondays and Tuesdays, for “one-minute” speeches (at the Speaker’s discretionand usually at the beginning of the legislative session), and for “special order”speeches of a specified length (ordinarily at the end of the day).In the Senate, individual Senators have the right to unlimited debate. Senatorsalso can seek unanimous consent to speak out of turn on another subject, or tointerrupt proceedings with an unrelated matter. Unanimous consent is usuallygranted. Senators may use their right to extended debate and employ otherparliamentary maneuvers to delay floor action, a tactic known as a “filibuster.” Thethreat of a filibuster, particularly at the end of a session or near a scheduled recess,can be used to try to extract concessions from the Senate leadership.
18First Day of Congress* The House is not a continuous body – the Senate is!* What is the difference, then? (House – Speaker, Officers, swearing in, rules, committee assignments and procedure; Senate – filling any vacancies, electing new officers if need be, swearing in of new Senators, everything is as is!)* Both the House and the Senate have standing rules – but, the Senate relies more heavily on it’s standing rules as it is a continuous body!The House is not a continuing body. Article 1, Section 2 of the Constitution sets a term of officeof two years for all Members of the House. One House ends at the conclusion of each two-yearCongress, and the newly elected House must constitute itself at the beginning of the nextCongress. The House must therefore choose its Speaker and officers and adopt the chamber’sinternal rules of procedure every two years.The Constitution mandates that Congress convene at noon on January 3, unless it has earlierpassed a law designating a different day. Although no officers have been elected when the Housefirst convenes, some officers from the previous Congress perform certain functions, such asconducting the election of the Speaker.The House follows a well-established first-day routine. Following a quorum call, the House electsthe Speaker, who is then sworn in. The Speaker, in turn, administers the oath of office to thenewly elected and re-elected Members. The House elects and swears in its administrative officers,adopts its rules of procedure, and agrees to administrative resolutions, including one establishingits daily hour of meeting.On opening day, the House usually adopts resolutions assigning some or many of its Members toserve on committees. This process often extends over several more weeks. The committeeassignment process occurs primarily within the party groups—the Republican Conference and theDemocratic Caucus. Assignment resolutions cannot be considered on the House floor until thesegroups have adopted rules governing committee assignments and made assignment choices torecommend to the House.Other routine organizational business may also be taken up on the House floor on the first day.The Speaker usually announces the Speaker’s policies on certain floor practices; a resolutionmight be adopted providing for a joint session of Congress to receive the President’s State of theUnion message; and a resolution may be adopted to allow a judge or a Member of Congress toadminister the oath of office to Members-elect who are absent due to illness or for other reasons.Some resolutions on opening day are dependent on specific circumstances and do not occur at thebeginning of each new Congress. At the outset of a new Congress following a presidentialelection, the House must adopt a resolution providing for the counting by the new Congress ofelectoral votes cast for the President and Vice President of the United States. In these inauguralyears, the House also adopts resolutions to continue the existence of the Joint InauguralCommittee and to authorize the use of the Capitol and its grounds for inauguration activities.The Senate follows a well-established routine on the opening day of a new Congress. Theproceedings include—• swearing in Senators elected or re-elected in the most recent general election(approximately one-third of the Senate);• adopting administrative resolutions;• adopting standing orders for the new Congress;• agreeing by unanimous consent to any date, other than the convening date, onwhich bills and joint resolutions may begin to be introduced; and• electing a new President pro tempore and one or more Senate officers if there is avacancy or change in party control.If an election to a Senate seat is undecided or subject to a determination by the Senate, themajority leader and other Senators may address the Senate’s posture on that election.Other first-day activities might occur as a consequence of specific circumstances, such asproviding for a joint session with the House to count electoral votes after a presidential election.After Senators are sworn or after organizational proceedings are completed, the Senate may turnto legislative or executive business or other activities.Negotiations between the parties over committee sizes and ratios, the parties’ committeeassignments, and any party leadership changes might begin during the early organizationmeetings for the new Senate, which occur in November and December following a generalelection. The committee assignment process may continue after the beginning days of a newCongress.At some time, usually other than opening day, the Senate adopts committee assignmentresolutions. Any changes in Senate party leadership take place in respective
19Tale of the Tape! House of Representatives Senate * 2 year terms * 25, 7 years citizen, resident* 435 Representatives* C.D. constituency* Dissolves every 2 years* Lower House* Strict rules on debate* 6 year terms!* 30, 9 years citizen, resident* 100 Senators* State-wide constituency* Continuous body* Upper House* Loose rules on debate