Congress Powers, Structure, & MembersChapter 5Unit 2

Article One of the U.S. Constitution creates the Legislative Branch of our national government

Legislative Functions

Congress

CAN CAN NOT

•Make laws for the nation •Make laws for the states•Deny citizens legal rights•Deny citizens civil rights and civil liberties guaranteed by the Bill of Rights

The legislative Functions of Congress are based on enumerated powers (listed in the Constitution; delegated/expressed)

Sovereign powers given to Congress = those that belong to any independent nation (inherent powers).

Implied Powers •Constitution gives Congress the right to pass any laws that are “necessary and proper” to carrying out its duties, as they are listed (expressed powers)

•N & P Clause AKA “elastic clause” – Congress can pass any law that is reasonably related to doing its job: defending the people, protecting their welfare.

Examples of the elastic clause

• Establishing a Bank of the United States• Creating an air force• Establishing the IRS

Non-Legislative Functions

Advice and ConsentPresidential appointments to many important federal jobs that must be approved by majority of the Senate•Cabinet members•Ambassadors•Federal judges

-Treaties negotiated by the President’s staff must be approved by 2/3 of Senate

ImpeachmentBringing charges against an official in executive or judicial branches by the House. -requires a 2/3 vote of Senate to convict in a trial

Federal Election DayThe first Tuesday after the first Monday in November, in even-numbered years.

Next election?November 2, 2010

House & Senate

Length of terms

House = 2 yearsSenate = 6 years

•No term limits for both -Only 1/3 of Senate seats are up for election each two years

Filling VacanciesSENATE

17th Amendment states that a senator can be replaced

1. By a special election2. During the next regular election3. A state’s governor may appoint

a replacement

Filling VacanciesHOUSE

1. State’s governor may call a special election

2. Next regular election

RepresentationSENATE

• All states guaranteed 2 Senators (total of 100)

• State legislators used to select Senators

• 17th Amendment made for “popular election” of Senators

RepresentationHOUSE

• Seats are distributed according to population

• Each state is guaranteed at least one Representative

• Total today = 435 members • Non-voting Representatives are

elected from U.S. territories (Puerto Rico, Virgin Islands etc.)

One Person, One Vote

CensusPopulation count taken every 10

years

ReapportionmentThe re-distribution of House seats

among the states, based on the census

Drawing District BoundariesRe-district: to re-draw boundaries

of districts so that they are approximately equal in population…this responsibility is given to the state legislatures.

GerrymanderingPractice of drawing odd-shaped

boundary lines to favor a particular party

• Racial• Linguistic• Religious• Class

-also used to reduce/increase the voting power of a particular group

Gerrymandering

1812 illustration depicting the odd districting of Massachusetts that looked like a salamander or gerrymander created by Governor Elbridge Gerry

Qualifications For Congress

Are you qualified?

Constitutional RequirementsSENATE1. 30 years old2. US Citizen for 9 years3. Live in the state they represent

51 DEMOCRATS 47 REPUBLICANS 2 INDEPENDENTS (CAUCUS WITH DEMOCRATS)

UNITED STATES SENATE

2008 SENATE SEATS

2010 SENATE SEATS

Constitutional RequirementsHOUSE1. 25 years old2. US citizen for 7 years3. Live in state they represent

HOUSE OF REPS. -435 MEMBERS + 6 NON-VOTING MEMBERS

242 REPUBLICANS193 DEMOCRATS

HOUSE OF REPRESENTATIVES

2008 HOUSE

2010 HOUSE

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Congress Is An Elected Assembly

• As a result of the Great Compromise at the Constitutional Convention –

• the Senate was supposed to represent the states • the House was to represent the people and the principle of popular sovereignty - the power of the people

U.S. Senate U.S. House of Representatives

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Who Are the Members of Congress?Qualifications for CongressJudging members’ qualifications –

• Each house of Congress has right to judge “elections, returns and qualifications of its own members”

• In 1967, House refused to seat Representative Adam Clayton Powell, Jr.of New York because of alleged “financial misconduct” •Powell sued – and won • Supreme Court ruled in Powell v. McCormack (1969) that Congress couldnot require new members to satisfy more than the qualifications established in the Constitution

Powell

Over-represented in CongressCongress United States

•83% male•40% Lawyers•85% white•Wealthier than avg. citizen

•49% male•1% lawyers•66% white•“blue collar” salaries

2008 distribution (111th Congress)SENATE• 17 Female Senators (Most in

History) (38 since 1789) - 59 Democrats 41 Republicans 2 Independents

• Oldest is Frank Lautenburg 86 (276 days) D-NJ

• Longest serving is Daniel Inoyue 86 (49 days) D- HI. Serving in Senate since 1963 (47 years)

• Youngest is Mike Lee 39 R-UT

2008 distribution (111th Congress) HOUSE• 75 Female Reps {1st Female

Speaker of the House- Nancy Pelosi – (D-Cal)} (229 since 1917)

• Oldest Ralph Hall 87 R-TX• Youngest Aaron Schock 29 R-IL

2010 DISTRIBUTION (112th CONGRESS) • 75 Female Reps• Average Age =58• Current Speaker of the House is

John Boehner R-OH• Oldest Ralph Hall 84 D-MI• Youngest Aaron Schock 29 R-IL

Income

• Median income for all households in the U.S. was $49,777.

• Base salary for members of Congress is 174,000.

Freedom from arrestConstitution grants freedom from

arrest while traveling to and from legislative sessions called congressional immunity

-includes minor traffic violations, jury duty, and civil suits (not serious crimes)

Freedom of expression“protected speech”

•They cannot be prosecuted or sued for libel or slander for speeches made in committees or on the floor of Congress, or for what is printed in the Congressional Record ! &*X#X!!

Compensation and Benefits

•Base salary = 174,000•Speaker = 223,500•Majority/Minority Leader = 193,400

-Members set their own salaries and benefits

27th Amendment Written by James Madison and Ratified in 1992:

No increase in congressional pay can take effect until an election has taken place

Fringe Benefits“Perks”Suite of offices, expense accounts, money to set up office in home district, phone, computer, and broadcast services

Franking privilegeFree postal service on mail to constituents

Fringe benefits cont’dTravel expenses paid for and staff to home state/district

JunketsUnnecessary travel by officials to vacation areas, paid for by the taxpayers

Staying In Office

IncumbentsThose already in office

-usually able to be re-elected again and again, and “perks” give them advantages at time of election

What are the advantages of being an

incumbent?

GUESS WHAT?• Can you imagine working for a company that has a little more

than 500 employees and has the following statistics:

• 29 have been accused of spousal abuse • 7 have been arrested for fraud • 19 have been accused of writing bad checks • 117 have directly or indirectly bankrupted at least 2 businesses

• 3 have done time for assault • 71 cannot get a credit card due to bad credit • 14 have been arrested on drug-related charges • 8 have been arrested for shoplifting • 21 are currently defendants in lawsuits • 84 have been arrested for drunk driving in the last year

Can you guess which organization this is? Give up yet? It's the 535 members of the United States Congress. The same group of people that crank out hundreds of new laws each year designed to keep the rest of us in line.

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“The difference between death and taxes is death doesn't get worse every time Congress meets.” “We have the best Congress money can buy.”

- Will Rogers, American Humorist *****************************

“Reader, suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.” “It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress.”

- Samuel Clemons (aka, Mark Twain)

1st. Rep. Jack Kingston (R)2nd Rep. Sanford Bishop (D)3rd Rep. Lynn Westmoreland (R)4th Rep. Hank Johnson (D)5th Rep. John Lewis (D)6th Rep. Tom Price (R)7th Rep. John Linder (R)8th Rep. Jim Marshall (D)9th Rep. Nathan Deal (R)10th Rep. Paul Broun (R)11th Rep. Phil Gingrey (R)12th Rep. John Barrow (D)13th Rep. David Scott (D)

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GEORGIA CONGRESSMEN

Saxby ChamblissMember of the House from 1995-2003Elected to Senate in 2003. Reelected in 2008. Lawyer

Johnny Isakson Member of the House From 1999-2005Elected to Senate in 2005. Reelected in 2010Real Estate