Basics of the Legislative Branch Congress Basics of the Legislative Branch

House of Representatives Structure of Congress Bicameral Upper House Senate Lower House House of Representatives

Why did our Founding Fathers choose bicameralism?

Terms and Sessions Each term of Congress lasts two years, and follows an election. Currently 111th Congress Begins at noon on the 3rd day of January of odd numbered years. Changed by the 20th Amendment in 1933. Session – period of time during which Congress meets in a given year. Currently – 111th Congress, 2st session At the end of each session, Congress adjourns Today, congress remains in session most of the year and occasionally takes a recess.

Presidential control over the sessions of Congress President has the power to Prorogue, or adjourn (end), a session of congress when the two houses cannot agree on a date for adjournment. President may call Congress into a special session to deal with emergency matters.

Representation in the Senate Two senators for each state (Great Compromise) 100 members total (2 x 50) Initially, Senators were selected by their state legislatures. 1913, 17th amendment changed election of senators they are now elected at-large Meaning by all voters in the state.

Representation in The House Based on population The number will differ from state to state. California Currently has 53 representatives. 1929 – House limited to 435 members Elected directly by the people of each Congressional District.

Congressional Districts in California We live in District 2 Approximately 750,000 – 800,000 people per district. Districts are roughly equal in population. Each state is broken into Congressional Districts just like the CA example. We will discuss later how these districts are created.

Comparing the House and the Senate House of Reps 435 Members 100 Members 25 years old - minimum age 30 years old – minimum age Citizen 7 years Citizen 9 years Resident of the state from which he or she is elected 2 year terms 6 year terms All members reelected every 2 years 1/3 of members reelected every 2 years (33-33-34)

Comparing the House and the Senate House of Reps Leader – Speaker of the House Leader – President of the Senate (VP of the US) Votes whether or not to impeach officials Votes whether or not to remove impeached officials from office Introduces all Revenue Bills Confirms all Presidential Appointments and Treaties Very Formal, Many Rules More informal, fewer rules

Ponder This! Why is the Senate considered the more prestigious House? What benefit do the people gain by the Senate serving a 6 year term instead of a 2 year term? Why do you think that the House has certain powers like impeachment hearings and originating revenue bills while the Senate holds impeachment trials and confirms presidential appointments?

Congressional Elections When are they held? How are Congressional districts created? What influences the outcome?

General Information Date — Congressional elections are held on the Tuesday following the first Monday in November of each even-numbered year. 100% of House elected, 1/3 of Senate elected Off-Year Elections —occurring in non-presidential election years The party holding the presidency often loses seats. Voter turnout is lower.

Reapportionment Occurs every ten years Based on the census (which is a good job) Seats in the House are “portioned” or “divided up” among the states. Seats can be taken away or added to each states. Total seats equals 435.

Redistricting States redraw the Districts for the house Task is done by state legislatures Politics are involved. When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

California Congressional Districts based on 1990 Census

Gerrymandering Gerrymandering: Drawing the lines of congressional districts to favor one party or group over another. Massachusetts legislature redrew boundaries. Governor Elbridge Gerry - blamed by Federalists Cartoon was drawn labeling the redistricting a “Gerry-mander.”

What are the major influences on the outcome of national elections?

What else influences elections? Money! No limit on Campaign Spending a violation of 1st Amendment Can limit the amounts that individuals/groups contribute Hard Money – Donations made directly to political candidates. Must keep records Soft Money – Money that is spent on any activities, especially “issue advertising” Not actually received or spent by the candidate's campaign

Stability or Change? Incumbents usually win Creates stable Congress. Provides more power and expertise. Representatives in safe-seats (voters overwhelmingly belong to one party) are usually reelected. Term limits have been introduced Have never been passed What Brings Change? Open-seats Redistricting Closest contests occur in close-seats where voters evenly split among political parties.

Ponder This! Do you support or oppose Congressional Term Limits to promote change? Why or why not? What is gerrymandering? What is the problem with it? Congressional Reapportionment: When does it happen, who does, who is in charge of redistricting? How many House seats does California have? Name 2 major influences on winning a Congressional campaign.

The Members of Congress

Members of Congress Congress is older, better educated, whiter, and richer than most of us. Average member is white, male, mid 50s Most are married, have children, Christian Most are lawyers, business, education, journalism or politics Nearly all attended college However, this has begun to change over time.

Education Levels All members Law Degree – 228 Medical Degree – 17 Doctoral Degree – 19 Master's Degree – 141 Bachelor's Degree - 494

Current Political Party Breakdown House 257 Democrats 178 Republicans 0 Independent Senate Democrats – 57 Republicans – 41 Independents – 2 Both caucus w/ Dems

Salary The current salary for all Senators and Members is $162,100. The salary for the Speaker is $208,100 and the salary for the Majority and Minority Leaders is $180,100.

Benefits for Members of Congress Privileges special tax deduction to offset two residences travel allowances medical care at military hospitals retirement plans offices in district and D.C. franking privilege for mail (helps with reelection!) freedom from arrest except for treason, felony and breach of the peace speech on floor cannot be questioned

Duties of the Job, Members of Congress must act as… Legislators or lawmakers Committee members They must represent the interests of the committee on which they serve Representatives of their constituents Constituents are people in a member of Congress's State or district. Servants of their constituents Providing the people back home with services, such as making nominations to military academies or helping companies in their districts obtain government contracts Politicians Continuously campaigning

Representing the People How should an elected official represent his/her constituents? Trustee--representatives use their own best judgment Delegate--representatives vote the way their constituents want them to Partisan – representatives vote with their party leadership

Other Influences on Decisions Representative Colleagues Constituents Staff Caucuses Party Interest Groups Political Action Committees

Organization of Congress

Organization of Congress Congress is organized along party lines. Each house of Congress has it’s own leadership positions and it’s own party leaders.

Your Representative Wally Herger California 2nd Congressional District First elected in 1986

Wally Herger California 2nd Congressional District

Your Senators Barbara Boxer Diane Feinstein First elected in 1992 Last elected in 2004 Up for election in 2010 Diane Feinstein First elected in 1992 (special election) Reelected in 1994 Last elected in 2006

House Leadership House Speaker of the House leader of Majority Party presides keeps order after VP in succession Currently Nancy Pelosi (D-CA)

Senate Leadership Senate Pres of Senate – Joe Biden VP does not debate votes in tie President pro tempore Robert Byrd (D-WV) elected by majority party Longest serving member.

Leadership Party Leadership Party caucus: deals with party organization floor leaders membership Majority Leader: Leader of majority party, legislative strategist, chief spokesman Minority Leader: Leader of the minority party, legislative strategist, chief spokesman Assistants or whips: communicates with rank and file members

House Party Leadership Minority Leader (Republican Leader) John Boehner (R-OH) (pronounced BAY-NER) Majority Leader (Democratic Leader) Steny Hoyer (D-MD)

Senate Party Leadership Minority Leader Mitch McConnell (R-KY) Majority Leader Harry Reid (D-NV)

Committees Chairmen: chosen by majority party based on seniority Seniority: who has been in Congress the longest Four types of committees: Standing committee and sub-committees: handles bills, subject matter specific Joint committees – Both Houses, studies/researches issues Select committees – specific problems, Watergate Conference committee – Both Houses, For the legislative process – reconcile differences in bills

Questions on Congressional Organization Who determines the positions of leadership in each House? What is seniority and how does it play in the Congressional power game? Who is your Congressman? What Congressional district do you live in? Who are your two senators? Which political party is in control of the House? Senate?

Questions on Congressional Organization Who is the presiding officer of the House? (name & position) Who is the presiding officer of the Senate? (name & position) Who presides in the Senate in #2s absence? (position only) What is the role of the majority & minority leaders of each House? What is the role of the majority & minority whip of each House?

Questions on Congressional Organization Who are the current majority & minority leaders of the Senate? Who are the current majority & minority leaders of the House? Who chooses the chairman of committees? What is it based on? What are the four types of committees and what does each do?

Power of Congress

Powers of Congress The most important constitutional power of Congress is the power to make laws. This power is shared by the House and the Senate. In order to become a law, a bill must be passed by both the House and the Senate.

"necessary and proper" to carrying out Declare War Powers of Congress Taxation Lawmaking Regulate Commerce Spend Money Create Courts Make all laws "necessary and proper" to carrying out the enumerated powers

Lawmaking Only a member of the House or Senate may introduce a bill but anyone can write a bill. Over 9,000 bills are proposed and fewer than 5 to 10% are enacted. Most bills originate in the executive branch. A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.