U.S. Congress: Redistricting, Powers, and Legislative Process

What is reapportionment based upon?

Reapportionment is based upon the results of the decennial census, which determines the population distribution among states for congressional representation.

Why is redistricting necessary?

Redistricting is necessary to ensure that electoral districts are updated to reflect changes in population and to maintain equal representation.

What rules must be followed when redistricting?

Redistricting must comply with the Voting Rights Act, ensure districts are contiguous, respect natural and political boundaries, and maintain equal population sizes.

What is gerrymandering?

Gerrymandering is the manipulation of electoral district boundaries to favor one political party over another.

What entity is responsible for gerrymandering?

State legislatures are typically responsible for gerrymandering, as they control the redistricting process.

What advantages do incumbents have?

Incumbents have advantages such as name recognition, established donor networks, and access to resources, which can help them secure re-election.

What is meant by the term 'open seat'?

An 'open seat' refers to a congressional district where no incumbent is running for re-election, making it a competitive race.

What was the ruling in Wesberry v. Sanders?

The ruling in Wesberry v. Sanders established that congressional districts must have roughly equal populations, ensuring 'one person, one vote.'

Where in the Constitution are the enumerated powers of Congress found?

The enumerated powers of Congress are found in Article I, Section 8 of the U.S. Constitution.

What limits are placed on Congress' power to tax?

Congress cannot tax exports, and all direct taxes must be apportioned among the states based on population.

What limits are placed on Congress' declare war?

Only Congress has the power to declare war, ensuring that the decision to engage in military conflict is made by the legislative branch.

What limits are placed on Congress' issue bill of attainder?

Congress is prohibited from passing bills of attainder, which are laws that declare a person guilty of a crime without a trial.

What limits are placed on Congress' enact ex post facto laws?

Congress cannot enact ex post facto laws, which would make an act illegal retroactively.

What does the 'necessary and proper' clause allow Congress to do?

The 'necessary and proper' clause allows Congress to make laws that are necessary to carry out its enumerated powers.

Which house of Congress is responsible for impeachment?

The House of Representatives is responsible for impeaching federal officials.

Which house of Congress is responsible for offering its advice and consent on treaties?

The Senate is responsible for offering its advice and consent on treaties.

Which house of Congress is responsible for electing the president if the electoral college fails to do so?

The House of Representatives is responsible for electing the president if the electoral college fails to reach a majority.

Which house of Congress is responsible for offering its advice and consent on presidential appointments?

The Senate is responsible for offering its advice and consent on presidential appointments.

Which house of Congress is responsible for judging in cases of impeachment?

The Senate is responsible for judging in cases of impeachment.

Where must all revenue bills originate?

All revenue bills must originate in the House of Representatives.

How many members comprise the House?

The House of Representatives comprises 435 members.

How many members comprise the Senate?

The Senate comprises 100 members, with two from each state.

What is the length of a term in the House?

A term in the House of Representatives is two years.

What is the length of a term in the Senate?

A term in the Senate is six years.

What is meant by the term 'continuous body'?

A 'continuous body' refers to the Senate, where only a portion of its members are elected every two years, ensuring stability.

Which house of Congress was originally not chosen by popular vote?

The Senate was originally not chosen by popular vote; senators were appointed by state legislatures.

What changed the way the above house was chosen?

The 17th Amendment to the Constitution changed the selection of senators to direct election by the voters.

Who is the presiding officer in the House?

The presiding officer in the House is the Speaker of the House.

Who is the presiding officer in the Senate?

The presiding officer in the Senate is the Vice President of the United States.

How is the presiding officer selected in the House?

The presiding officer in the House is elected by the members of the House.

How is the presiding officer selected in the Senate?

The presiding officer in the Senate is the Vice President, who is elected as part of the presidential ticket.

Can the presiding officer debate and vote in the House?

Yes, the presiding officer can debate and vote in the House.

Can the presiding officer debate and vote in the Senate?

The presiding officer in the Senate, the Vice President, can only vote to break ties.

What leadership position holds the most power in the Senate?

The Majority Leader holds the most power in the Senate.

What role do the majority and minority leaders play?

The majority and minority leaders serve as the primary spokespersons for their respective parties and help manage legislative priorities.

What is the job of the whips?

Whips assist party leaders in managing party discipline and ensuring members vote according to party lines.

Which committee is the most powerful in either chamber?

The House Rules Committee is often considered the most powerful committee in Congress.

What is the job of the president pro tempore?

The president pro tempore presides over the Senate in the absence of the Vice President and is usually the senior member of the majority party.

How is the president pro tempore selected?

The president pro tempore is elected by the Senate, typically from the majority party.

What rules govern debate in the House?

Debate in the House is governed by strict rules, including time limits and the requirement for a majority to close debate.

What rules govern debate in the Senate?

Debate in the Senate is more flexible, allowing for extended discussion and the possibility of filibusters.

Explain the role of the House Rules Committee.

The House Rules Committee sets the terms for debate on bills and decides which bills will be brought to the floor for a vote.

Explain the role of the House Ways and Means Committee.

The House Ways and Means Committee is responsible for tax legislation and revenue-related matters.

How are committee members chosen?

Committee members are chosen based on party affiliation and seniority, with each party appointing members to reflect their proportion in the chamber.

Explain the role of the Conference Committee.

The Conference Committee reconciles differences between the House and Senate versions of a bill before it is sent to the President.

What is legislative oversight?

Legislative oversight is the process by which Congress monitors the implementation of laws and the actions of the executive branch.

Which two branches of government are involved in legislative oversight?

The legislative branch (Congress) and the executive branch are involved in legislative oversight.

Who may introduce a bill in Congress?

Any member of Congress may introduce a bill.

After the bill is introduced, where does it go next?

After introduction, the bill is typically referred to a committee for review and consideration.

Where does bill 'markup' occur?

Bill 'markup' occurs in committees, where members can amend and revise the bill before it goes to the floor.

If a bill makes it out of committee in the House, where does it go next?

If a bill makes it out of committee in the House, it goes to the floor for debate and voting.

Why would a discharge petition be used?

A discharge petition is used to bring a bill out of committee and onto the floor for a vote when it is stalled.

What is the difference between a veto and a pocket veto?

A veto is a formal rejection of a bill by the President, while a pocket veto occurs when the President does not sign a bill within ten days while Congress is adjourned.

Which house of Congress is more likely to think of themselves as delegates?

Members of the House of Representatives are more likely to think of themselves as delegates, as they are closer to their constituents.

Which house of Congress is more likely to think of themselves as trustees?

Members of the Senate are more likely to think of themselves as trustees, as they have longer terms and a broader constituency.

What is meant by the term 'permanent campaign'?

The term 'permanent campaign' refers to the continuous effort by politicians to maintain public support and prepare for future elections.

Bicameral

• Means that the legislative body is split into two bodies, unlike the freak Nebraska with a unicameral system 

• A big part of the Great (Connecticut) Compromise between the Virginia Plan and the New Jersey Plan

House

 The lower house/chamber, where large states are appeased because representation is based on population.

Aaron Bean is my district representative.

Senate

The upper house/chamber, where small states are appeased because population doesn’t mean anything.

17th Amendment

• In the original Constitution, senators were appointed by the state, so it’s probably not that democratic or good when senators write a bill on increasing taxes. In 1913, they realized this and now the “two Senators from each state” are “elected by the people thereof, for six years; and each Senator shall have one vote.”

  • Interestingly enough, “When vacancies happen in the representation of any State in the Senate, the executive authority of such State (the governor/their applicable departments) shall issue writs of election to fill such vacancies (can hold an election): Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.”

    • This provision matches the contingency provided for the House in the same case. 

Qualifications to be apart of the House

For the House, “No Person shall be a Representative who shall not 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” (Article I, Section 2, Clause 2)

Qualifications to be apart of the Senate

• For the Senate, “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” (Article I, Section 3, Clause 3) 

Financial Powers of Congress

• Lay and collect taxes, duties, and excises

• Borrow money on the credit of the United States

• Coin money and regulate its value

Regulatory Powers of Congress

• Regulate interstate and foreign commerce (Commerce Clause)

• Establish uniform naturalization and bankruptcy laws

Infrastructure & Legal Powers of Congress

• Establish post offices and post roads

• Grant patents and copyrights

• Constitute federal courts below the Supreme Court

War & Military Powers of Congress

• Declare war and grant letters of marque

• Raise and support armies (22-year funding limit)

• Provide and maintain a navy

• Provide for the calling forth and organizing of the militia

Elastic Clause

The power of Congress to make all laws “necessary and proper” to carry out its constitutional duties

Lawmaking

• The most important power, passing laws in areas of national policy.

  • Article I Section 1 states that “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.”

Congress’ Role on Budgeting

• Sets the federal budget by appropriating funds for agencies and programs

Oversight

• Ability of Congress to ensure laws are being followed with original intention or to investigate members of the executive branch (call them to a hearing under oath).

Pork barrel Spending

Earmarking(?), Allocation of monies to projects within narrower regions like districts or states, like one’s own constituency so they can be like “hey I got you your funding please vote for me”

Warmaking

• The House is able to declare war, while the Senate ratifies treaties. The President is the commander-in-chief and negotiates treaties. 

Article II Section 2 states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;”

Log rolling

Members of Congress trade votes to get their earmarks passed

Judicial Authority

• The Congress shall have Power “To Constitute Tribunals inferior to the supreme Court.”

  • Congress creates lower federal courts and sets the number of justices.

  • The Senate, shown below, has “advice and consent” over nominees

Executive Nominations

• Article II Section 2 states that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Impeachment and Trial

• “The House of Representatives shall… have the sole Power of Impeachment” (Article I, Section 2). 

  • They draw up “articles of impeachment” and need a majority vote for the resolution to pass to the Senate. By this point, the officer is ‘impeached.’

• “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no Person shall be convicted without the Concurrence of two thirds of the Members present” (Article I, Section 3). 

Constituencies (Definition)

the actual bodies of voters (the area) who elect a representative or senator. Constituents are the actual voters. 

Terms in the House

• Representatives serve in single-member districts, a winner-takes-all, election by plurality. This is also called “first past the post” voting, which (according to CGP Grey) first leads to minority rule then eventually to a two-party system. 

  • There is one seat for one Congressional district. 

• Remember, the House was meant to be representative of population, so large states get a lot of representation.

Terms in the Senate

• Senators serve in staggered elections with three circuits. This means that different senators get elected every two years serving six years so that only a third of the roster gets elected per year, preventing weird turnover.

  • Article I Section 3 states that “Immediately after [the Senate] 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…”

  • Rick Scott was elected in 2018 (started serving 2019), was reelected 2024 (restarted serving 2025), and will have his seat up for reelection 2030. Ashley Moody is a bit weird because she was appointed by DeSantis to fill the seat left vacant (see Amendment XVII above) by Marco Rubio, who won the Senate seat in 2022 before being appointed Secretary of State, letting Moody fill the rest of his term lasting till 2028 (2029 technically). 

• Remember, the Senate was designed to be unequal so that smaller states can be more equal than larger states. 

Apportionment

The process of determining the number of representatives for each state using census data as population shifts and trends occur. 

Redistricting/Gerrymandering

a duty of the state legislature, is when the boundaries of electoral districts are redrawn; the obvious consequence of being able to redistrict. 

Partisan Gerrymandering

Drawing districts to benefit one party

• Can take the form of “packing and cracking,” in which the legislature puts all the voters of one party in one district and dispersing the rest of the voters of the same party across all the other districts so that the other party can have all the other “safe districts”

Racial and Ethnic Gerrymandering

Drawing districts to the detriment or benefit of one race or ethnicity. See Thornburg v. Gingles, Gomillion v. Lightfoot, and Shaw v. Reno.  

Baker vs. Carr (1962)

A landmark case where the Supreme Court ruled that redistricting issues are justiciable in federal court, establishing the principle of 'one person, one vote' under the Equal Protection Clause of the 14th Amendment.

Shaw v. Reno (1993)

A case in which the Supreme Court ruled that redistricting plans based solely on race must be held to a standard of strict scrutiny under the Equal Protection Clause, even if the goal is to favor minority representation

U.S v. Lopez (1995)

The Supreme Court ruled that the Gun-Free School Zones Act of 1990 was unconstitutional because Congress exceeded its authority under the Commerce Clause, as gun possession in schools is not an economic activity affecting interstate commerce.

Marbury v. Madison (1803)

This landmark case established the principle of judicial review in the United States, giving the Supreme Court the power to strike down laws and executive actions that violate the Constitution.

McCulloch v. Maryland (1819)

he Court ruled that Congress has implied powers under the Necessary and Proper Clause to create a national bank and that the Supremacy Clause prevents states from taxing federal government.