1. Legislative Branch
Chapter 10

2. Congress’ Effect on YOU
What are some specific examples of Congress’ effect on you?
Sets the minimum wage
All public high schools must allow student religious groups to meet in the school, on the same terms that other student groups may do so
Health Care Law
National Debt/Spending
Education laws – NCLB (2002) – tests
Much, much more

3. 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

4. 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.”

5. 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.”

6. 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.
- Congress’ schedule

7. House of Representatives
Size and Terms:
435 – Set by Congress (not by Constitution)
Apportioned (distributed) among the States on the basis of their populations.
Each State is guaranteed at least one seat in the House

8. Reapportionment
Article I of the Constitution directs Congress to reapportion the seats in the House after each census.
The original House had 65 seats.
Current number was set in 1912.
Today each of the 435 seats in the House represents an average of 700,000 persons. (Kansas 715,000)

9. Reapportionment example
2004 election

11. Kansas Redistricting 2000 & 2010

12. 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.
Party in power usually loses seats

13. Midterm Election Lack of Turnout

15. Districts
P. 268
7 States now have only one seat in the house of Representatives.
Single member district – voters in each district elect one of the States candidates
At-Large district elections – elected from the state as a whole; no longer used

16. Congressional Reapportionment
Redistricting
Gerrymandering
Drawing district lines to advantage of one party
History of the term gerrymander – pg. 271
“He who draws the lines determines the winners.”

17. Gerrymandering Activity – Scenario 2/3
A sample population distribution with each symbol representing a voting group (political party stronghold) in a generic state.
Your job is to draw district lines of equal proportions (on the 3 samples above) in three different ways:
1. A fair/equitable distribution
2. Majority gerrymandering to ensure complete electoral dominance
3. Gerrymandering designed to ensure over-representation for the smaller party
Work with __ partner

18. Sample population distribution
Sample population distribution. Each symbol represents a voter in a generic state
Majority gerrymandering to ensure complete electoral dominance.
A fair distribution
Gerrymandering designed to ensure over-representation for the smaller party.

19. Mississippi Congressional Districts

20. Louisiana Congressional Districts

21. Illinois Congressional Districts

22. Wesberry v. Sanders (1964) P. 271 “One person one vote”
Demands States draw congressional districts of equal populations

23. Congressional Elections
$$$$
$10.2 million average cost of winning a Senate Campaign (2012)
$1.57 million average campaign cost of winning a House seat (2012)
The Power of the Incumbency

24. Qualifications for Membership - House
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 (party identification, gender, ethnic characteristics, political experience – need the “right” combination of these factors)

25. 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

26. 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

27. Senators 6 year term gives greater job security
Subject less to pressure of public opinion
National political leaders

28. 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.
SEE PAGE 279 AND CHART ON 280

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

30. Representatives of the People
Three Types of Representation
Trustee (“call em as they see em”)
Delegate (vote how the folks back home want)
Partisan – (loyal to party)
Politico (balance the above ideas)
Oversight Function
Political Watchdog – makes sure executive branch is in line with law

31. Pay, Perks, and Privileges
Congressional Salaries
$174,000 (some paid more – Speaker of House & President Pro Tempore)
Special benefits
Tax deduction
Franking privileges
Staffs
Congressional Immunities
“cloak of legislative immunity”
Protection from libel or slander
Still must face treason, felony, and breach of the peace charges
See page 283

32. Politics of Pay 27th Amendment Proposed 1789 Ratified 1992
Pay increases do not go into effect until next congressional election

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

34. 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

35. Chapter 11
Powers of Congress

36. Congressional Power Expressed Powers (spelled out; enumerated)
Implied Powers (suggested; necessary and proper)
Inherent Powers (presumed to have; sovereign)

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

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

39. 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

40. 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.

41. 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

42. 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.

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

44. Foreign Relations Powers
Approval of Treaties
Approval of Ambassadors

45. War Powers
Declaration of War
War Powers Resolution

46. Others

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

48. Non legislative Powers
Constitutional Amendments
Electoral
Impeachment
Executive
Investigatory

49. Chapter 12
Congress in Action

50. 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

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

52. Leadership in the House
The Speaker
Majority Leader
Minority Leader
Whips
Speaker of the House
Dem. Nancy Pelosi

53. Senate Leadership President of Senate (Vice President)
President Pro Tempore
Majority Leader
Minority Leader
Majority Leader Harry Reid
Dem. Nevada
Pro Tempore Robert Byrd
Dem. West Virginia
Minority Leader Mitch McConnell
Rep. Kentucky

54. How a Bill Becomes a Law

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