Congress: The National Legislature

Bicameral Legislature

  • Bicameral Legislature
    →Two houses

    • House of Representatives

    • Senate

  • Why?

  1. Practical: it’s what they knew

  2. Practical: Compromise between the New Jersey plan (equal rep) and the Virginia Plan (rep based on state’s pop)

  • Theoretical:

    • n

  • Terms and Sessions:

    • Term of Congress = Two Years 

      • 118th Congress

      • Two Session for every term of Congress

    • Special Session

      • Called by the President in emergency situations

      • Not used much now b/c Congress meets yr round

House of Representatives 

  • Size and Terms

    • 435 Members

      • Apportioned by state population

      • Each state at least 1

  • Term = 2 years

    • Always being reelected

    • Responsive to constituents

    • No term limits

Reappointment

  • Reappointment → redistribution of seats after the census

    • Reappointment Act of 2019

    • Set permanent size of House at 435

  • Off-year elections

    • Usually president’s party loses seats

  • Districts

    • Voters in a district elect one rep.

    • State legislature draws districts – not CA

      • Continouous territory

      • Nearly equal inhabitants

    • Gerrymandering → drawing a district to benefit a political Party]

    • Wesberry v Sanders 1964

      • “One man, One vote” – Congressional Districts are about the same size

Qualifications for House members

  • Formal:

    • Be at least 25 years old

    • Citizen for 7 years

    • Resident of the state

      • Custom to live in your district

Informal

  • Gender, ethicituy, work experience, political party

The Senate

Size, Election, and Terms

  • 100 members

  • 2 members per state

  • Terms = 6 years

    • More prestigious, enlightened, responsible

    • Originally represented the state, not the people

  • Election

    • Originally, Senates chosen by state legislatures

    • 17th Amendment→ popular election of the senate

  • Term

    • 6 years term, no term limit

    • Terms are staggered

    • More stable, continuous body

  • Formal

    • 30 years old

    • Citizen 9 years

    • Inhabitant of the state

Members of Congress

  • Personal & Political background

    • White

    • Male

    • Middle aged / older

    • Wealthy

    • Married

    • Protestant

    • Lawyers

Five Major Roles

  • Legislator

  • Lawmakers

    • Representatives

    • How should representatives represent the people?

      • Trustees = Vote their conscience

      • Delegates = Vote what constituents want

      • Partisans = Vote in line with the party

    • Committee members

      • Most work in Congress is done in committee

      • Each Congressman is assigned to a handful of committees

      • Screen legislatures (investigate)

      • Servant of Constituents

      • Help people who are having trouble with the gov

      • Politician

    • Salary

      • Senate & Reps = $174,500

      • Speaker = $223,500

      • President Pro Tempore, Majority Leader, Minority Leader = $195,400

    • Fringe Benefits

      • Life & health insurance, offices, staff, frank privilleges (free mail)

      • Can’t be arrested going to or from Congress

      • Can’t be sued for libel. Things they say can’t be used against them. “Freedom of Speech” is an important aspect of legislative debates.

Congressional Powers

  • what are the three powers of Congress

    • Expressed (Written in the Constitution)

    • Implied (Reasonably Suggested)

    • Inherent (Powers just for existing)

Interpreting the Powers of Congress

  • Strict Constituent

    • Congress should exercise Powers that are expressed

    • Those that are implied / absolutely necessary to carry out the expressed

    • States should keep as much power as possible

  • Liberal Constructionists

    • A broad interpretation of powers of Congress

Necessity and Proper Clause

  • This is an expressed power

  • Also known as elastic clause

  • Purposes to empower Congress to pass laws Needed to carry out the expressed powers.

    • McCullough v. Maryland — Court found it “necessary” and proper

    • It’s creation was related to taxing, borrowing, commerce powers

      • A state cannot tax a federal agency

Legislative Powers

  • Taxing powers

    • Where must all tax bills start?

    • The House of Representatives

  • Borrowing Power

    • What happens when the government borrows money

    • Who owns the most US Power

  • Commerce Power

    • Has the government ability to regulate many aspects of life

Foreign Relations

  • Who does Congress share Foreign Relations power with?

    • The President

  • What can each do regarding foreign policy?

    • President leads the military

    • Congress oversees funding and deployment

  • Constitutional Amendment

    • Article V says Congress may prepare an Amendment

      • 2/3 vote in each House

      • 3/4 vote by the states to ratify

Impeachment

  • The House has the sole power to impeach

  • Formally accuse, needs simple majority

  • Senate has sole power to try an impeachment case

  • Needs 2/3 vote to convict

Confirmations

  • All major appointment by the president must be confirmed by the

    • Senate (Simple Majority)

    • Federal judges

    • President’s cabinet

    • US Ambassador

Treaties

  • All treaties must be approved by the senate

  • 2/3 vote