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Chapter 5- Legislative Branch
American Government
Legislative Importance
James Madison said that Congress was the “first branch” of the National Government.
The longest of the articles of the Constitution are devoted to the powers and importance of the Legislative Branch.
The Makeup of the Legislative Branch
Congress is a Bicameral branch for three reasons:
1.) Historical: Parliament was and most states legislative branch was.
2.) Practical: Gives the small states a voice
3.) Theoretical: One house can keep a check on the other
Terms and Sessions of Legislation
Congress has a two year term. The term starts at 12:00 p.m. on the 3rd day of January.
The 110th Congress started on January 3, 2007 and will end on January 3, 2009.
A session is known as the period time when Congress meets and conducts their business.
There are two sessions per term and one session per year.
Both houses adjourns (suspends or ends) a session together.
Special Sessions
The president is given two special powers over Congress,
1.) The president can prorogue or end a session when the two houses cannot agree on a date. Power has never been used.
2.) The president can call for a Special session of Congress. A special session is normally called when there is some type of emergency to deal with.
Due to the fact that Congress is working longer sessions, the likelihood of a special session being called has been reduced.
Facts on the House of Representatives
Members: 435-set by Congress
Membership is apportioned (distributed) to the states based on population.
Each state is guaranteed at least one seat.
Seven states only have one representative: Alaska, Delaware, Montana, North Dakota, Vermont and Wyoming.
D.C., Guam, the Virgin Islands and Samoa each have a delegate to represent them but they are not full voting members.
Facts and Qualifications on the House of Representatives
Term length: 2 yearsAge requirement: at least 25 years oldCitizenship: must have been a citizen for 7 yearsResidence: Must live in the state and districtt
representingElection date: The first Tuesday after the first
Monday in NovemberThe elections are either with the presidential
elections or during the off-year elections. Off-year elections are indicators of how the
president is doing.
Additional Requirements and Informal Qualifications
The House can impose additional standards for membership.
For example: in 1900, the House refused to seat Brigham H. Roberts in the House from Utah because he was practicing polygamy.
2002: James Traficant, Democrat from Ohio was ejected from the House because he was convicted of several counts of bribery, fraud, and tax evasion.
Informal qualifications have to do with the candidate’s ability to get elected, name, gender, party, political experience, etc.
Reapportionment
Since the number of seats is set in the House and the representation is based on population after every census, the house goes through a reapportion.
During reapportion, the census is studied to see where the population has increased and where it has gone down. Based on the numbers, the representation will be redistributed.
Reapportionment Act of 1929
The Reapportionment Act of 1929 states:
1.) House is size is permanent at 435
2.) after each census, the seats will be determine for each state
3.) President sends plan to Congress
4.) House can reject or accept
Districts
There are 428 congressional districts in 43 states. Remember that seven states have only one representative. This is due to the idea known as the single member district. The voters in the district elect their state representative.
Some states used to use the general ticket system where the voters just voted for the representative who represented the whole state. This was unfair and the practice has stopped.
District drawing:
Under a 1842 law, the State legislatures draw the district lines. Under the law the district must be made up of “contiguous territory”, meaning all in one piece.
Added to the law in 1872, the districts must be as equal as possible with their population.
Added to the law in 1901, the districts must be as compacted as possible.
These laws were often not enforced or followed which led to Gerrymandering.
Gerrymandering
Gerrymandering is the drawing of district lines to keep one group strong than another whether it be by party, race, etc.
Named after Governor Elbridge Gerry of Massachusetts who in 1812 drew district lines in Massachusetts to give the Democrats the advantage.
Senate
The Senate is known as the upper house.100 members (2 per state) which came from the
New Jersey plan.The Senate term is 6 years long. These terms are
staggered so no more than 33 or 34 are running for reelection at a time.
Smaller body of people compared to the House.This branch is suppose to be more enlightened
and more responsible since they are in office longer. The senators are suppose to be above special interest groups and be able to represent the whole state.
Election of Senators
Originally, all senators were appointed by the state legislators. This changed with the passage of the 17th Amendment which allowed the voters of each state to vote for their senators.
The Senate is a continuous body because all of the seats in the Senate are never up for election at the same time.
Focus of the Senators
Senators focus should be on;
1.) Their constituencies
2.) The “big” picture, what is good for the nation?
3.) Be a champion for public policies that appeal to a large segment of the population not just their state
Qualifications for Senators
Age: must be at least 30 years old
Citizenship: must have been a citizen for 9 years
Residence: from which they are elected must live in the state
Senate can like the House judge the qualifications of its members. The Senate may also punish it’s members with a 2/3 vote.
Senator Bob Packwood was voted out of the Senate due to his sexual harassment and other personal misconduct.
House and Senate Worksheet
Characteristics of a Congressman
The average congressman;
-white male in his 50s
-married
-educated
-Protestant
-Lawyer
-Born in the state they represent
-has political experience
Changes in Characteristics
Today, there are many changes in Congress;1.) more women, 74 in House and 20 in Senate
after the 2012 elections.2.) 43 African Americans, 26 Hispanics, 6 Asian
Americans and 1 Native American in the House1 African American, 3 Hispanics, 1 Asian American and 1 Native Hawaiian in the Senate.
3.) While 60% of the Congressmen are Protestant, 30% are Roman Catholics and 7% are Jewish and 1 is Muslim.
4.) A growing number of congressmen depend on their salaries as a major source of income.
Jobs of a Congressman
There are 5 major roles that Congressmen play;
1.) Legislators
2.) Representative of the their state
3.) Committee members
4.) Servants of their constituents
5.) Politicians
Representatives for the People
Congressmen represent their people by how they vote on legislation.
There are four voting options for the Congressman.
1.) Trustees
2.) Delegates
3.) Partisans
4.) Politicos
Four voting options
1.) Trustees: When voting like a trustee, the congressman vote with his/her conscience and independently from the views of their state. Votes for what is best.
2.) Delegates: They vote the way the “folks back at Home” would want them too. They listen to the people at home who put them in office.
Four voting options
3.) Partisans: The congressman votes with his/her party on the matter.
4.) Politicos: Combination of all the roles, tries to find the balance to make everyone happy.
Committee Member role
All bills must go through a committee and every Congressman is assigned to a committee. The committee looks over the bill and decides which bill will make it to the floor for a vote by the whole group.
Committees also are involved in the oversight function. This allows the committee to check the various agencies in the executive branch and make sure everything is working correctly and following the law.
Servants
Congressmen also serve as servants to their voters. They help their constituents with matters like;
1.) Social Security issues
2.) passport issues
3.) government contracts
4.) appointments to military academy
5.) free sightseeing
Compensation for Congressmen
Today, senators and representatives are paid a salary of $169,600 per year.
The Speaker of the House makes $212,000 a year, the same salary of VP.
President Pro Tem and the majority & minority leaders in both houses receive $183,500 a year.
“Fringe Benefits”
There are many “fringe benefits” that Congressmen received as part of their package:
1.) special tax deduction
2.) generous travel allowances
3.) Great health and life insurance for little cost
4.) Generous retirement plan with Social Security and medicare programs
5.) Each congressman is provide with an office in Washington and their district.
“Fringe Benefits”
6.) Franking Privilege is another “fringe benefit” for Congressmen. The franking privilege allows Congressmen to mail letters and other materials postage free.
7.) Free printing and free distribution
8.) Free parking and free gym time at top rated gyms
Congressional Pay
Due to the fact that Congressional pay raises are often not liked by the public, many times the congress just gets more fringe benefits instead of a pay raise. This is done because the fringe benefit change is not reported to the public.
Membership Privileges
The members of Congress also have certain privileges:
1.) They cannot be arrested during their term unless accused of treason, felony, or breach of the peace.
2.) Debate Clause privilege: The clause protects representatives and senators from suits for libel or slander arising out of their official conduct. This protects the Congressmen from getting in trouble for what they say about each other while at work.
Georgia information
Georgia has 14 total congressional district.Oconee is in the 10th district.Georgia’s two senators are;1.) David Perdue (R)2.) Johnny Isakson (R)District 10 representative is Jody Hice(R)Georgia has 4 Democrat Representatives and 10
Republican Representatives serving in Congress
The End
