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The Role of Congress Accountability to the people and the representation of those who elected them.

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Presentation on theme: "The Role of Congress Accountability to the people and the representation of those who elected them."— Presentation transcript:

1 The Role of Congress Accountability to the people and the representation of those who elected them

2 Constitutional Power John Locke ’ s philosophy John Locke ’ s philosophy –The legislature is the most powerful branch –It needs limits Article I, Section 8 Article I, Section 8 Article I, Section 9 Article I, Section 9 Bill of Rights Bill of Rights

3 Limitations Enumerated Powers Enumerated Powers –Article I, Section 8 Implied Powers Implied Powers –Necessary and proper clause McCulloch v Maryland McCulloch v Maryland Enforcement power Enforcement power –Civil rights Act 1964 Inherent Powers Inherent Powers –Congress power to investigate

4 Bicameral Legislature Bicameral Legislature –two houses Senate Senate House of Representatives. House of Representatives. House of Representatives House of Representatives –Clause I  A Representative serves a 2 years The Senate The Senate Clause I –Clause I – Senators term is 6 years Senators term is 6 years Section One—What is a Congress?

5 Reapportionment---How it Works Take a census every ten years Take a census every ten years Congress totals the number of Reps. each state will get Congress totals the number of Reps. each state will get that total must equal 435that total must equal 435 Congress will notify the state legislatures of any changes Congress will notify the state legislatures of any changes State legislatures will determine new district boundaries State legislatures will determine new district boundaries

6 Representation Article I, Section 2 Article I, Section 2 –Districts lines Wesberry v. Sanders Wesberry v. Sanders –“ one person, one vote ” –Each district must be mathematically equal to other districts Gerrymandering Gerrymandering –Drawing district lines to achieve favorable political results for one political party

7 Gerrymandering Printed in 1812. Illustrates the electoral districts drawn by the Massachusetts legislature to favor the incumbent Democratic- Republican party candidates of Governor Elbridge Gerry over the Federalists. The cartoon depicts the bizarre shape of a district in Essex County Massachusetts as a dragon.

8 –The term gerrymandering is derived from Elbridge Gerry (1744–1814), the governor of Massachusetts from 1810 to 1812. used to help or hinder particular constituents used to help or hinder particular constituents Used to help or hinder political parties Used to help or hinder political parties Used to increase or decrease minority representation Used to increase or decrease minority representation Strategies used: Strategies used: –Packing To concentrate as many voters of one type into a single electoral district to reduce their influence in other districts. To concentrate as many voters of one type into a single electoral district to reduce their influence in other districts. –Cracking involves spreading out voters of a particular type among many districts in order to deny them a sufficiently large voting block in any particular district. involves spreading out voters of a particular type among many districts in order to deny them a sufficiently large voting block in any particular district.

9 Cracking/ Breaking the Minority Packing the Minority Cracking/ Breaking the Majority

10 There has to be restrictions to redistricting There has to be restrictions to redistricting –Equal population in districts –Lines must be contiguous or connected –Districts cannot reduce minority voting strength –District lines cannot be drawn solely based upon race –Districts must be compact What the Supreme Court has to say…

11 Congress Power Point Link Power Point Link

12 The Legislative Branch Article I

13 Bicameral Legislature Bicameral Legislature –two houses Senate Senate House of Representatives. House of Representatives. Section One—What is a Congress?

14 Section 2 House of Representatives Clause I Clause I  A Representative serves a 2 year Clause II Clause II –Qualifications 25 years old 25 years old –7 year citizen of the United States –Resident of the state one is elected in

15 Clause III amount $$ Reapportionment Creating new districts every ten years to adjust for population changes Gerrymandering Redrawing district lines to favor a political party One man – one vote

16 Reapportionment---How it Works 1. Take a census every ten years 2. Congress totals the number of Reps. each state will get 1.that total must equal 435 3. Congress will notify the state legislatures of any changes 4. State legislatures will determine new district boundaries

17 Clause V the impeachment process  The House of Reps. will start the impeachment process  Andrew Johnson-First U.S. President to be impeached, but fell one vote shy of the Senate ’ s conviction  Richard Nixon-Resigned before official impeachment could take place  Bill Clinton-Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

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19 Section 3 -The Senate Clause I – Clause I – Senators term is 6 yearsSenators term is 6 years  1 voter per Senator  2 Senators per state (all states get the same amount)  17 th Amendment Clause II First class = 2 year term Second class = 4 year term Third class = 6 year term

20 Clause III qualifications for a Senator  30 years old  9 year citizen of the United States  Be a resident of the state you are elected from Clause IV The Vice-President of the U.S. is the President of the Senate President of the Senate only votes if there is a tie

21 Clause V Officers of the Senate  President of the Pro Tempore - presides temporarily when vice-president is not available  Majority Leader - controls the agenda of the majority party  Majority Whip - helps the majority leader  Minority Leader - A watchdog function over the majority party  Minority Whip - helps the minority leader

22 Clause VI Trial of Impeachments - the Senate actually serve as the Jury in impeachment proceedings House of Reps. introduces the Articles of Impeachment House needs a majority (218) vote to bring up charges Senate needs 2/3s majority (67) to convict Clause VII - if someone is impeached A guilty conviction on the Articles of Impeachment is removal from office A U.S. President cannot be pardoned if found guilty by 2/3 of the Senate

23 Section IV - Congress Meets in Washington, D.C Clause I Clause I  National Election Day was set by Congress  1 st Tuesday after the first Monday of November Clause II  Must meet one time a year  20 th Amendment established January 3 rd as the meeting date

24 Section V —Rules of Procedures Clause I – Clause I – Removal from officeRemoval from office Clause II Clause II House of Reps and the Senate have different rulesHouse of Reps and the Senate have different rules Filibuster—Delaying a bill through the use of discussionFilibuster—Delaying a bill through the use of discussion Senate has FilibustersSenate has Filibusters Strom Thurmond—longest filibuster, 24 hours 18 minutes Strom Thurmond—longest filibuster, 24 hours 18 minutes Cloture rule— a filibuster if 60 Senators agree to vote for the closing of debate Cloture rule— a filibuster if 60 Senators agree to vote for the closing of debate –Censure—punishing a member of Congress, take away some of their power or seniority

25 Clause III  Congressional Journal  Congressional Record  Sunshine Law

26 Section VI—Privileges and Restrictions Clause I Clause I Compensation—members of Congress will be paid ($150,000 per year)Compensation—members of Congress will be paid ($150,000 per year)  Congressional immunity  can ’ t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity)  Slander  saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)  Franking—free mail service

27 Section 7 - Method of Passing Bills

28 Clause II How does a bill become a law? All bills must go through committee work before they get to the floor. method— passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law president delays action for ten days excluding Sundays, becomes law Clause I All tax bills start in the House.

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32  Pocket Veto - president delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW

33 Section IX—Powers Denied to the Federal Government Clause I Clause I Congress stopped the importation of slaves in 1808Congress stopped the importation of slaves in 1808 Use the word “ such persons ” as opposed to “ slaves ” Use the word “ such persons ” as opposed to “ slaves ” Clause II Habeas corpus - “ you have the body ” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

34 Clause III Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!!  Congress cannot pass an ex post facto law (after the fact)  Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th Clause VII  Congress controls the federal budget

35 Creating our own Bills  Simulate the House and the Senate  Speaker of the House - Controls the discussion of the floor  Majority Leader - Helps the speaker & leads his party  Minority Leader - Serves as a watchdog over the majority party  President of the senate  Majority Leader - Helps the speaker & leads his party  Minority Leader - Serves as a watchdog over the majority party  Committees


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