CONGRESS The Legislative Branch Chapter 11. Objectives 1.Describe the major powers of the Congress...

CONGRESSThe Legislative BranchChapter 11

Objectives

1. Describe the major powers of the Congress as granted by the Constitution.

2. Explain the differences between the House of Representatives and the Senate with regard to their constituencies, terms of office, powers and political processes.

3. Describe the processes of reapportionment and redistricting.

EXPLAIN:

• In the slide notes, explain this statement:

Legislators in the legislature legislate legislation.

Snapshot: Congress

• Article I of the Constitution– Senate– House of Representatives

• 535 members, approx. 30,000 support staff

Framers’ Plan

• Carefully designed legislatures:– Responsive to the people (House) – Responsive to the states (Senate)

• More than ½ the debates at Constitutional Convention concerned Congress

• Power to check the other 2 branches:– Overriding presidential veto; change the jurisidiction

and size of courts; fund (or not) the other 2 branches; to impeach or remove presidents and judges; to draft, debate, and pass laws

Congress

• Bicameral Congress – Why?

– Connecticut Compromise/Great Compromise

• House allotted based on pop. (Census)

• Senate based on equal rep from states

– Each house is a check on the other

Madison:

• “A second house of the legislature, distinct from dividing the power with the first, must always be a beneficial check on the government. It doubles the people’s security by requiring the concurrence of two distinct bodies.”

• What was Madison saying in normal people words?– The simple fact that Congress has two champers that

must approve legislation helps prevent the passage of rash laws.

Congress

• Bicameral Congress – Why?• Terms:

– 2 year terms– 2 sessions per term– Which Congress are we currently in?

• Review:– Who sets Congress’ salary?– What amendment governs it?– What are some of their fringe benefits?– Name 2 privileges of members of Congress.

Congresspersons Compared to the Citizenry

• Compared to average Americans, members of Congress are:– Older– Disproportionately white and male– High-status occupations– Wealthy (approx. 40% are millionaires)

• Gender and ethnic diversity are increasing but …. is Congress really representative?

FUNCTIONS OF CONGRESS

Three primary functions of Congress:

LEGISLATION REPRESENTATION OVERSIGHT

Types of Representation

• TRUSTEE MODEL• Legislator = a trustee to

represent the broad interests of all of society

• Vote against narrow interests of their constituents if their conscience and national interests require it

• The “whole” most important

• INSTRUCTED-DELEGATE MODEL

• Legislator = instructed delegate of constituents

• Should mirror the views of the majority of their constituents

• Constituent desires most important

Which view of representation do most Congressmen take?“POLITICO STYLE”

REPRESENTATION of desires of constituents as well as thelarger national interests of society (e.g., the environment)

Functions of Congress

• Service to constituents is also a part of Congress’ representation function

• Casework = helping constituents through problems with government agencies

Homestyle vs. HillstyleTypes of Representation

• Homestyle is how legislators gain trust of their constituents by things they do in their home districts through trips back home, town hall meetings, etc.

• Hillstyle refers to what they do on “the Hill” for the nation as a whole, not just for their constituents back home.

Functions of Congress

Oversight function: Oversight of executive branch agencies Committee hearings and investigations Budgeting…. this is the most powerful weapon

Congress has in its oversight role! Nomination review for presidential appointments Special commissions

Oversight Example

Oversight Example

• Over 90% seeking reelection to the House of Reps win!

• Approximately 80% seeking reelection to the Senate win

• Why the difference?– Congressional redistricting of House seats

which allows for “safe seats”– Pork barrel and casework– Harder to get elected to Senate than House

THE INVINCIBILITY OF INCUMBENTS

WHY INCUMBENTS ARE MORE INVICIBLE

1. VISIBILITY -- contacting the constituents, i.e. travel home, franking, getting on the news, etc.

2. CREDIT CLAIMING - Casework helping out constituents; porkbarrel - getting a chunk federal funds & bringing it home to their district.

3. POSITION TAKING - meeting roll call votes.

4. WEAK OPPONENTS - who lack the cash flow. Opponents miss out on #1 + #2 above

5. CAMPAIGN SPENDING – get individual contributions/PAC $ (30% - $5,000 per candidate) due to incumbency

The Power of Incumbency

Term Limits

• Would term limits “even” the playing field?

• Strong push in the 90s for term limits – AR tried to impose them

• U.S. Term Limits, Inc. et al. v. Thornton et al. (1995)– Supreme Ct. ruled state imposed

terms were unconstitutional– CONSTITUTION is sole source of

qualifications for members of Congress & it says nothing about term limits.

• What irony is expressed by the actions of the voter?

• What generalization is the cartoonist making about the average American voter?

• Could Congress enact legislation that would put term limits on its own members?

Why are incumbents invincible?

• They are more visible, they have experience supporting constituents and voting on national issues, and they generally have more financial backing.

BasicHouse-Senate Differences

• Size and rules– House = 435 representatives; more formal rules– Senate = 100 senators; looser procedures

• Debate and filibustering– Senate has unlimited debate– House, due to size, limits it

• Prestige– Senators generally enjoy more recognition and

prestige

CONGRESSFormal Qualifications

House Senate

Term 2 6 – staggered*Age 25 30Citizenship 7 9Residency Yes (district) Yes (State)Members based on pop. 2 per state*

435 100 (“Congress” = 535)

Leader Speaker President (VP)[Pres. Pro

Tempore]

Differences between the Houseand the Senate

HOUSE OF REPRESENTATIVES

• Speaker– selected by …? Who is it now?• Membership based on population; seat apportionment

changes every 10 years after census• All 435 seats up for reelection every 2 years• Every state guaranteed one rep – FL now has 27• Only 2 yr. terms - H of R is body most responsive to the

will of the people (shorter terms / smaller districts)• SPECIAL POWERS:• Tax laws may be introduced in House only• Only House can “impeach” public officials

Madison on Senate:

“By leaving a lot of old ones (Senators) in place, uniformity and order, as well as a constant succession of official information will be preserved.”

Why only 1/3rd up for reelection every 2 years?

Continuous body!

Washington on Senate:

“We pour our coffee into a saucer to cool it, we pour legislation into the senatorial saucer to cool it.”

How did Washington characterize the Senate?

SENATE 2 per state – Article V

• Originally chosen by..? Now by 17th Amendment• Staggered terms – (1/3 reelected every 2 years)• Besides election, how else can one become a Senator?• President of Senate is VP of U.S. – Who now?• Pres. Pro Tempore serves in his absence – who now?• SPECIAL POWERS:

– Only Senate has power to ratify treaties– Only Senate can confirm presidential appointments– Senate holds the trials for all impeachments: the

Senate acts as the jury and the Chief Justice sits in and serves as the judge

Other Differences Between House and Senate

• HOUSE:• Lower visibility in

news media• Very strict rules;

limited debate• Most work done in

committees, not on floor

• Business, Law major occupations

• SENATE:• Higher visibility in

news media• Flexible rules;

unlimited debate• Work split more

evenly between committees & floor

• Law, Business major occupations

Congressional Elections

• Elections are decentralized since states have power to conduct elections (in accordance with federal guidelines such as?)– Territories/Washington DC – have nonvoting delegates

that sit in Congress• Candidates for Congress:

– May be self-selected or recruited by party– Average campaign cost $1.4 million for House, $9.7

million for Senate– Presidential coattails may help candidates get elected if

the P is popular

Midterm Gains and Losses by the Party of the President, 1942-2010

• General rule in midterm elections is that the party in power will lose seats.– Why?

• Voter turnout in midterms usually low

Review Questions

1. The bicameralism of Congress partially resulted from thea. Anti-Federalists

b. Connecticut Compromise

c. French and Indian War

d. Revolutionary War

e. Three-fifths Compromise

Review Questions

2. A representative who is performing the role of a trustee is______.

a. Only representing the needs and wishes of his or her constituents

b. Supporting all of the president’s legislative programs

c. Supporting his or her political party

d. Acting on conscience or representing the broad interests of the entire society.

e. Representing other members of Congress

Review Questions

3. Casework entailsa. Working with other members of Congress to

logroll a bill

b. Providing services to constituents

c. Spending time in committee, focused on lawmaking

d. Conducting oversight related to a law

e. Providing advice and consent

Review Questions

4. Oversight is the process in which Congressa. Follows up on the laws it has enacted

b. Reviews the actions of its subcommittees

c. Chooses its leaderships

d. Supervises the activity of the judicial branch

e. Passes legislation

Review Questions

5. Every two years, the Senatea. Has the entire membership elected

b. Redraws the House districts for the following election

c. Has one-third of its members elected

d. Prepares for a new census

e. Permits a territory to rotate into Senate membership

Review Questions

6. One major difference between the House and Senate is the total number of members, ensuring that ______.a. The House will spend much more time on a bill on the floor than will

the Senate

b. The Senate is able to decide on the proper action on a bill quicker than the House

c. House members must sit on more committees than senators

d. A constitutional amendment has been proposed to increase the size of the House and to reduce the numbers In the Senate.

e. A greater number of formal rules are needed to govern activity in the House

Review Questions

1. The bicameralism of Congress partially resulted from thea. Anti-Federalists

b. Connecticut Compromise

c. French and Indian War

d. Revolutionary War

e. Three-fifths Compromise

b. Connecticut Compromise

Review Questions

2. A representative who is performing the role of a trustee is______.

a. Only representing the needs and wishes of his or her constituents

b. Supporting all of the president’s legislative programs

c. Supporting his or her political party

d. Acting on conscience or representing the broad interests of the entire society.

e. Representing other members of Congress

d. Acting on conscience or representing the broad interests of the entire society.

Review Questions

3. Casework entailsa. Working with other members of Congress to

logroll a bill

b. Providing services to constituents

c. Spending time in committee, focused on lawmaking

d. Conducting oversight related to a law

e. Providing advice and consent

b. Providing services to constituents

Review Questions

4. Oversight is the process in which Congressa. Follows up on the laws it has enacted

b. Reviews the actions of its subcommittees

c. Chooses its leaderships

d. Supervises the activity of the judicial branch

e. Passes legislation

a. Follows up on the laws it has enacted

Review Questions

5. Every two years, the Senatea. Has the entire membership elected

b. Redraws the House districts for the following election

c. Has one-third of its members elected

d. Prepares for a new census

e. Permits a territory to rotate into Senate membership

c. Has one-third of its members elected

Review Questions

6. One major difference between the House and Senate is the total number of members, ensuring that ______.a. The House will spend much more time on a bill on the floor than will

the Senate

b. The Senate is able to decide on the proper action on a bill quicker than the House

c. House members must sit on more committees than senators

d. A constitutional amendment has been proposed to increase the size of the House and to reduce the numbers In the Senate.

e. A greater number of formal rules are needed to govern activity in the House

e. A greater number of formal rules are needed to govern activityin the House

Congress, Part 1Redistricting

Congressional Reapportionment

• Since 1913, House composed of 435 members*

• The Reapportionment Act of 1929 mandates the reallocation of congressional seats according to changes in census– Every state receives at least 1 seat

*with the temporary exception of adding 2 more for the annexation of Alaska and Hawaii

Congressional Reapportionment after 2010 Census

Why is the reallocation of the number of representatives each state has in the House important to the states?

Congressional Redistricting

• Once a state gains or loses a seat, the STATE LEGISLATURES must alter congressional district maps to reflect those changes

• Redistricting is the drawing and redrawing of House districts to ensure every American has the same amount of voting influence (competitive & contentious)

• Party in power in state legislature determines the new statewide map of congressional districts – Benefit the party in following election

When are the lines redrawn?

Once seats have been reallocated due to the census

Why are the lines redrawn?

Readjust boundaries; so every American has the same amount of voting influence

Who draws?

State legislatures* (generally to favor members of party in power)

House redistricting is abused in 2 ways:

1. Gerrymandering

2. Majority-Minority Districts

Gerrymandering

• Instead of letting voters choose politicians, redistricting at its worst lets politicians choose voters

• Gerrymandering is the excessive manipulation of the shape of districts to benefit a certain incumbent or political party

– Districts carved out to guarantee safe seats and one-party rule

• Gets its name from Gov. Elbridge Gerry of MA who, in 1812, drew the state‘s legislative districts to favor the Democratic-Republicans

• The painter, Gilbert Stuart, added a head, wings, and claws on a district map hanging over the desk of a Federalist newspaper editor & said “that will do for a salamander.”– “Better say gerrymander”

growled the editor in response.

Gerry-Mander

2 types of Gerrymandering

• Packing is putting all opposition votes in one of a few districts– Packed voters lose out because no matter

how large their influence in the district, they can only sway one rep.

– If community was spread over more districts with significant population in each, they could have the ear of multiple politicians

2 types of Gerrymandering

• Cracking is spreading opposition votes thinly in several districts – Split community into multiple districts to

ensure it doesn’t have significant sway with a candidate

– Historically: used to ensure AA could not elect AA politicians

Explain

In your own words in the notes section below, explain what has happened with redistricting in each of these 4 examples.

EXPLAIN

1. The allocation of seats in the House to each state after each census is

A. Constituent service

B. Franking

C. Gerrymandering

D. Reapportionment

E. Redistricting

D. Reapportionment

Review Questions

2. Gerrymandering is ________.

A.Legislation passed in southern states to limit African-American participation in elections

B.The drawing of legislative district boundaries for the purpose of gaining partisan advantage

C.An attempt to prevent the passage of a through the use of unlimited debate

D.A process that attempts to limit debate on a bill in the Senate

E.Unconstitutional following an 1812 ruling by the Supreme Court

B. The drawing of legislative district boundaries for the purpose of gaining partisan advantage

Review Questions

3. Which of the following statements about gerrymandering is true?(A) It has been banned by United States Supreme Court decisions beginning with Baker v. Carr.

(B) It was used traditionally to maintain urban control of the House of Representatives.

(C) It can be used by a political party to draw boundary lines to control as many districts as possible.

(D) It guarantees greater constituency control over elected representatives.

(E) It ensures liberal control of the House of Representatives.(C) It can be used by a political party to draw boundary lines to control

as many districts as possible.

“One Man, One Vote”

• Please use the link found on Edmodo to read One Person, One Vote: Advancing Electoral Equality, Not Equality of Representation and complete the questions on the following slide:

“One Man, One Vote”

1. What does “one person, one vote” mean?

2. What was the ruling in the following cases:a. Baker v. Carr (1962)

b. Gray v. Sanders (1963)

c. Reynolds v. Sims (1964)

i. What did the Court not limit/define?

3. Prior to Reynolds, why would states like Alabama and Tennessee not redistrict?

4. What is the significance of using total population in cities with high numbers of nonvoters?

5. Who are the plaintiffs Texas law in Evenwel v. Abbott?a. What is their argument?

6. What is the possible effect of the case?

2nd method of redistricting abuse:

• VRA (1965) sought to increase minority representation in Congress

• Little changed, so VRA amended in 1982 to encourage states to create majority-minority districts to create black and Hispanic districts

Can states draw new congressional districts with race in mind?

Shaw v. Reno (1993)

• Background:– After 1990 Census, NC received additional seat (12)– NC submitted congressional district map to U.S. Attorney, Janet

Reno – Reno and Justice Dept. required NC to reconfigure districts due

to only 1 majority black district • Result: I-85 District

• Case:– NC residents challenged plan as violation of equal protection

clause—districts drawn with race in mind, violate their rights

Shaw v. Reno (1993)

• Ruling: – redistricting in North Carolina

to create a majority-minority district was unconstitutional because it was racial gerrymandering & it violated whites’ equal protection under the law.

– The deliberate segregation of voters into separate districts on the basis of race violates their constitutional right to participate in a “color-blind” electoral process.

Review Questions

Which statement about gerrymandering is true?

A.Gerrymandering is a relatively new tactic, originating in the 1960 congressional elections, that is used to increase the likelihood of an incumbent being reelected with minimal opposition.

B.In the case of Davis v. Bandemer the Supreme Court ruled that redistricting for the political benefit of one group could be challenged on constitutional grounds and agreed that districts in Indiana had been drawn unfairly because voters were deprived of influence at the polls.

C.During the early 1990s, the federal government encouraged gerrymandering that made possible the election of a minority representative from areas where minority voters were the majority.

D.The Supreme Court has supported the creation of congressional districts based solely on race or ethnicity and stated that in no way do they undermine the equal protection clause of the Constitution.

C

Find a partner!

Congressional reapportionment and redistricting are conducted every ten years. When redistricting is conducted, politicians often engage in gerrymandering.

(a)DEFINE congressional reapportionment and EXPLAIN one reason why it is important to states.

(b)DEFINE congressional redistricting.

(c)EXPLAIN two goals of politicians when they gerrymander during redistricting.

(d)DESCRIBE two limits that the United States Supreme Court has placed on congressional redistricting.