1. Legislative Branch
Chapter 10

2. The National Legislature
A Bicameral congress
Historical
Based on the British Parliament
Practical
Settle the conflict between the Virginia Plan and the New Jersey Plan
Theoretical
Act as a check on each other

3. A Conversation with Thomas Jefferson and George Washington
A breakfast-table conversation between Thomas Jefferson and George Washington. Jefferson, told Washington that he was opposed two two-chambered legislature. As he made his point, he poured his coffee into his saucer, and Washington asked him why he did so. “To cool it,” replied Jefferson. Washington replied, “we pour legislation into the senatorial saucer to cool it.”

4. Terms and Sessions
Some years ago, a women, incensed at something her senator had just done, said to him:
“You know, 535 of you people in Congress meet every two years. There are some of us who think that it would be much better if just two of you met every 535 years.”

5. Terms of Congress Term: Session:
Each term of Congress lasts for two years
Session:
Period of time during which, each year, Congress assembles and conducts business. There are two sessions to each term of Congress
Special Session: a meeting to deal with some emergency situation. Only 26 times.

6. House of Representatives
Size and Terms:
435 – Set by Congress
Apportioned among the States on the basis of their respective populations.
Each State is guaranteed at least one seat in the House

7. Reapportionment
Article I of the Constitution directs Congress to reapportion the seats in the House after each census. The original House had 65 seats
Today each of the 435 seats in the House represents an average of 650,000 persons.

8. Congressional Elections
Congressional elections are held on the same day in every State
Tuesday following the first Monday in November of each even-numbered year.
Off Year Elections:
Those congressional elections that occur in the non-presidential years.

10. Districts
P. 268
7 States now have only one seat in the house of Representatives.
ND, SD, Del, Ala, Mt, Wy, Vt
Single member district – voters in each district elect one of the States candidates
At-Large district elections – elected from the state as a whole

11. Congressional Reapportionment
Redistricting
Gerrymandering

12. Mississippi Congressional Districts

13. Louisiana Congressional Districts

14. Illinois Congressional Districts

15. Wesberry v. Sanders (1964) P. 271 “One person one vote”
Patterns of wide population variations among House districts and of rural overrepresentation in the chamber came to the end.

16. Congressional Elections
$$$$
$8.5 million average cost of winning a Senate Campaign
$1.4 million average campaign cost of winning a House seat
The Power of the Incumbency
Over 80% in the House and Senate
Why???

17. Qualifications for Membership
Formal
Must be at least 25 years of age
Must have been a citizen of the U.S. for at least 7 years
Must be an inhabitant of the state from which he or she is elected
Informal p. 273
vary from district to district based on the demographics of the district

18. Senate Size Election 100 members Two Senators from each State
The Senate provides for “a necessary fence” against the “fickleness and passion” of the House
James Madison
Election
Originally chosen by the State Legislatures
17th Amendment – 1912 Direct election of Senators

19. Senate Terms: Qualifications: Six year terms
Continuous body – all of its seats are never up for election at the same time
Constituencies – entire state
Qualifications:
30 years old
Citizen for at least 9 years
Resident in the State they represent

20. Members of Congress Personal and Political Backgrounds
Whatever else they may be, the 535 members of congress are not a representative cross section of the American people.
Rather the ‘average’ member is a white male in his mid-50’s, married, lawyers. – p. 279

21. The Job Five Major Roles (p. 280) Law makers
Representatives of their constituents
Committee members
Servants of their constituents
Politicians

22. Representatives of the People
Three Types of Representation
Trustee
Delegate
Politico
Oversight Function
Political Watchdog

23. Pay, Perks, and Privileges
Congressional Salaries in 2011
$174,000
Leadership positions receive extra salary
Special benefits
Franking privileges
Staffs
Congressional Immunities

24. Politics of Pay
27th Amendment

25. Membership Privileges
Congressional Immunity (p. 284)
Article 1, Section 6, Clause 1

26. Terms From Chapter 10 Term Session Adjourn Prorogue Special Session
Apportion
Reapportion
Off-year election
Single-member District
At-Large
Gerrymander
Constituency
Colleague
Trustee
Partisan
Politico
Oversight Function
Franking Privilege

27. Chapter 11
Powers of Congress

28. Congressional Power
Expressed Powers
Implied Powers
Inherent Powers

29. Strict vs Liberal Construction
Strict constructionists:
“Government is best which governs least”
Jefferson
Liberal Constructionists
“an energetic government”
Hamilton

30. Expressed Powers of Congress
Article 1, Section 8
Enumerated Powers

31. The Power to Tax May Tax only for Public Purposes May Not tax exports
Direct Taxes must be apportioned among the States, according to populations
All Duties, Imposts, and Excises, shall be uniform throughout the United States
Direct Tax – paid by the person on whom it was imposed – example: property Tax
Indirect Tax – paid by one person but they in turn pass it on to another – example: Cigarettes

32. Commerce Power Power to regulate interstate and foreign trade
Gibbons v Ogden (p. 297)
Clash over the regulation of steamboats by the State of New York, on the one hand, and the Federal Government on the other.

33. Limits on Commerce Power
Cannot tax exports
Cannot favor the ports of one State over those of any other in the regulation of trade.
Cannot require that Vessels bound to or from one state be obliged to enter clear or pay duties in another
Could not interfere with the slave trade

34. Currency Power
Congress has the power to coin money and regulate its value.
Legal tender – is any kind of money that a creditor must by law accept in payment for debts.

35. Bankruptcy Power
The States and the National Government have concurrent power to regulate bankruptcy.

36. Foreign Relations Powers
Approval of Treaties
Approval of Ambassadors

37. War Powers
Declaration of War
War Powers Resolution

38. Others

39. Implied Powers Necessary and Proper Clause
MuCulloch v. Maryland (1819)

40. Non legislative Powers
Constitutional Amendments
Electoral
Impeachment
Executive
Investigatory

41. Chapter 12
Congress in Action

42. The Committee Structure (p. 350-351)
Standing committees
Select Committees
Joint Committees
Conference Committees
House Rules Committee
Terms:
Discharge Petition
Pigeon Holed Bill
Seniority System
Congressional Leadership

43. Thomas Web sites Congressional Committees
U.S. Congress House Committees
U.S Senate Committees

44. Leadership in the House
The Speaker
Majority Leader
Minority Leader
Whips
Speaker Dennis Hastert Rep. Illinois
House Minority Leader
Dem. Nancy Pelosi
House Majority Leader
Rep. Tom DeLay

45. Senate Leadership President Pro Tempore Majority Leader
Minority Leader
Majority Leader William Frist
Rep. Tenn.
Pro Tempore Ted Stevens Rep. Alaska
Minority Leader tom Daschle
Dem. South Dakota

46. How a Bill Becomes a Law

47. Legislative Lobbying 60 minutes video (20 minutes in Length)

48. State Legislature
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