The Legislative Branch: Key Concepts in Congress

The Legislative Branch: Overview

• The U.S. Congress consists of two houses: the House of Representatives and the Senate.

• It operates as a bicameral legislature.

Basic Structure

• House of Representatives

  • Members based on population.

  • Each state has at least one seat.

• Senate

  • Equal representation: 2 seats per state.

Representational Disparity in the Senate

• Small population states hold disproportionate power in the Senate.

• Historical context: The Senate was designed to not be directly proportional to population, leading to current inequities that favor white voters.

Justification for a Bicameral Legislature

• Prevents potential tyranny of a unitary system.

• Aims for better efficiency compared to a confederate system.

• Concerns of fragmentation and gridlock exist.

Key Constitutional Powers of Congress

1. Impose Taxes

2. Print & Spend Money (The "Power of the Purse")

3. Declare War & Regulate Military

4. Regulate Commerce

   • Comparison with the President’s powers as Commander-in-Chief.

Differences Between Houses

• House of Representatives:

  • 2-year terms and represents local districts, larger with 435 members, less prestige.

  • Originates most bills.

• Senate:

  • 6-year terms and represents entire states, smaller with 100 members, more prestige.

  • Controls filibuster and confirmation of judges/appointments.

Membership and Elections

• Congress is not fully representative of U.S. demographics.

• Factors influencing incumbency: seniority, committee assignments, name recognition, fundraising, and local election focus.

Redistricting and Gerrymandering

• Redistricting: Adjusting House district lines based on census data to reflect population changes.

• Gerrymandering: Manipulating district boundaries to favor one political party, increasing polarization.

  • Cracking: Splitting party voters into several districts.

  • Packing: Concentrating party voters into one district.

Functions of Congress

1. Lawmaking:

   • Strategies include logrolling and earmarks for legislation.

2. Representation:

   • Involves helping constituents with government-related issues and legislative voting based on constituent interest or personal conscience.

3. Public Information/Education:

   • Public hearings and agenda setting.

4. Conflict Resolution:

   • Mediating between competing interests and groups.

5. Oversight:

   • Monitoring executive actions and examining laws and actions of the executive branch.

Congressional Committees

• Committees are crucial as they handle most legislative work.

• Types of committees:

  • Standing Committees: Permanent.

  • Select Committees: Temporary for specific purposes.

  • Joint Committees: Members from both houses.

  • Conference Committees: Resolve differences between House and Senate versions of bills.

Leadership Structures

• House: Speaker of the House, Majority/Minority Leaders, Whips.

• Senate: Vice President as President of Senate, Pro Tem, Majority/Minority Leaders.

Voting Process

• House Voting: All bills voted on must reach the floor after committee approval with rules set by the Rules Committee.

• Senate Voting: Allows unlimited debate unless cloture is invoked (60 votes needed to end debate).

Bill Becoming Law: Process Steps

1. Introduction: Bills are introduced in either House.

2. Committee Review: Bills are assigned to appropriate committees.

3. Debate and Vote: Rules are established for House; Senate engages in filibuster or cloture.

4. Compromise: If necessary, a Conference Committee may reconcile differences.

5. Presidential Action: Bill sent to the White House to be signed or vetoed.

Key Influences on Congressional Voting

• Members influenced by party affiliation, lobbying, conscience, geographical interests, and current public opinion.

Fragmentation of Legislative Branch

• Results from checks and balances, differences between the Senate and House, and controls by majority/minority parties.

Study Points

• Understand the bicameral structure and its justification.

• Identify powers granted to Congress by the Constitution found in Article 1.

• Trace the legislative process through Congress and identify potential failure points for bills.

• Examine tactics for bill progression and impacts of gerrymandering.

• Analyze leadership roles and their influence on legislative outcomes and processes.

Key Differences Between House & Senate

• House of Representatives:

  • 2-year terms.

  • Represents local districts; larger with 435 members.

  • Originates most bills.

• Senate:

  • 6-year terms.

  • Represents entire states; smaller with 100 members.

  • Controls filibuster and confirmation of judges/appointments.

Lawmaking Process (How a Bill Becomes a Law)

1. Introduction: Bills are introduced in either House.

2. Committee Review: Bills are assigned to appropriate committees.

3. Debate and Vote: Rules set for House; Senate may use filibuster or cloture to end debate.

4. Compromise: Conference Committees reconcile differences if necessary.

5. Presidential Action: Bill is sent to the President for signature or veto.

Role & Types of Committees

• Committees handle most legislative work and are essential for review and recommendations.

• Types of Committees:

  • Standing Committees: Permanent committees for ongoing issues.

  • Select Committees: Temporary committees for specific inquiries.

  • Joint Committees: Composed of members from both houses.

  • Conference Committees: Resolve discrepancies between House and Senate bill versions.

Leadership Positions

• House:

  • Speaker of the House

  • Majority/Minority Leaders

  • Whips

• Senate:

  • Vice President as President of Senate

  • President Pro Tempore

  • Majority/Minority Leaders

Requirements to Serve

• House:

  • At least 25 years old, U.S. citizen for 7 years, and resident of the state represented.

• Senate:

  • At least 30 years old, U.S. citizen for 9 years, and resident of the state represented.

Filibuster & Cloture

• Filibuster: A tactic used in the Senate to prolong debate and delay voting on a bill.

• Cloture: A procedure that allows the Senate to end a filibuster; requires a vote of 60 senators.

Redistricting & Gerrymandering

• Redistricting: Adjusting House district lines based on census data to reflect population changes.

• Gerrymandering: Manipulating district boundaries to favor one political party.

  • Cracking: Splitting a party's voters among multiple districts.

  • Packing: Concentrating a party's voters into a single district to minimize their influence elsewhere.

Key Differences Between House & Senate

• House of Representatives:

  • 2-year terms.

  • Represents local districts; larger with 435 members.

  • Originates most bills.

• Senate:

  • 6-year terms.

  • Represents entire states; smaller with 100 members.

  • Controls filibuster and confirmation of judges/appointments.

Lawmaking Process (How a Bill Becomes a Law)

1. Introduction: Bills are introduced in either House.

2. Committee Review: Bills are assigned to appropriate committees.

3. Debate and Vote: Rules set for House; Senate may use filibuster or cloture to end debate.

4. Compromise: Conference Committees reconcile differences if necessary.

5. Presidential Action: Bill is sent to the President for signature or veto.

Role & Types of Committees

• Committees handle most legislative work and are essential for review and recommendations.

• Types of Committees:

  • Standing Committees: Permanent committees for ongoing issues.

  • Select Committees: Temporary committees for specific inquiries.

  • Joint Committees: Composed of members from both houses.

  • Conference Committees: Resolve discrepancies between House and Senate bill versions.

Leadership Positions

• House:

  • Speaker of the House

  • Majority/Minority Leaders

  • Whips

• Senate:

  • Vice President as President of Senate

  • President Pro Tempore

  • Majority/Minority Leaders

Requirements to Serve

• House:

  • At least 25 years old, U.S. citizen for 7 years, and resident of the state represented.

• Senate:

  • At least 30 years old, U.S. citizen for 9 years, and resident of the state represented.

Filibuster & Cloture

• Filibuster: A tactic used in the Senate to prolong debate and delay voting on a bill.

• Cloture: A procedure that allows the Senate to end a filibuster; requires a vote of 60 senators.

Redistricting & Gerrymandering

• Redistricting: Adjusting House district lines based on census data to reflect population changes.

• Gerrymandering: Manipulating district boundaries to favor one political party.

  • Cracking: Splitting a party's voters among multiple districts.

  • Packing: Concentrating a party's voters into a single district to minimize their influence elsewhere.