Congress

Quick Constitutional Review…

Basis of Constitutional Authority in Article I House member must be

• 25 years old• American citizen for 7 years• Inhabitant of state the representative represents

Senator must be• 30 years old• American citizen for 9 years• Resident of state the senator represents

Common powers to Congress listed Article I, Section 8• Power to tax• Coin $• Declare war• Regulate foreign & interstate commerce

Implied powers come from “necessary & proper clause” (aka “elastic clause”)

HoR has power to• Begin revenue bills• Select president if no electoral college majority• Initiate impeachment proceedings

Senate has power to• Approve presidential appointments• Ratify treaties• Try impeachment proceedings

Congress may overrule presidential veto by 2/3 vote of each house

Bicameral• House of Representatives, 435 members

# of seats established in 1910• Senate, 100 members

Originally chosen by state legislatures Changed to election by the people by 17th

Amendment

Reapportionment Reapportionment Act of 1929

• Provides for permanent size of HoR & number of seats each state should have based on the census

Each seat represents average of 650,000 people• Individual states determine make-up of each

congressional district based upon census changes leads to charges of gerrymandering, or drawing of

congressional districts that favor either the political party that controls the state legislature or the incumbent To isolate minorities in a district = packing; to divide them

across many districts = cracking … can end up with oddly shaped & created unfair

representation patterns…

• S Court cases have defined manner in which states create representation patterns Smith v Allwright (1944): denying African Americans the

right to vote in primary elections was found to be a violation of the 15h Amendment

Baker v Carr (1962): established 1 man, 1 vote

Wesberry v Sanders (1964): dictated population differences in GA were so unequal, they were unconstitutional

Buckley v Valeo (1976): giving $ to political campaign was a form of free speech & threw out some stringent federal regulations on fundraising & election spending

Shaw v Reno (1993) & Miller v Johnson (1995): race cannot be sole or predominant factor in redrawing legislative district boundaries

US Term Limits v Thornton (1995): States cannot set term limits on members of Congress

Bush v Gore (2000): the FL recount for the 2000 election was a violation of the 14th Amendment’s equal protection

Both Wesberry & Baker decisions furthered minority representation

But… doctrines modified by S Court in 1990s Decisions have struck down oddly shaped congressional

districts which guarantee minority representation 1995: S Court ruled a district in GA which was

apportioned to create representation for African Americans was unconstitutional

Election of Incumbents Success of Senate incumbents not = to

those of HoR incumbents• But it’s obvious a sitting representative has an

advantage Exceptions: scandal, unpopular sitting president during

mid-term elections 1992: HoR members abusing checking & post office privileges,

many incumbents decided to not seek reelection or lost 1994: mid-term elections reflected disapproval of Clinton’s

performance (first time had Republican HoR & Senate in 40 years) The stats:

• Only 2 members lost in 1986, 1 in 1988• On average fewer than 2% are defeated in primary

elections & < 7% lose general elections• Rates a little lower for Senate members

Why do incumbents have the advantage?• Are highly visible• Cable & C-SPAN broadcast proceedings of

Congress• Representatives have free franking (sending of

mail) privileges• HoR members

Pride themselves in close constituent relationships Co-sponsor legislation Quick to take credit for obtaining earmarks (pork

barrel) Campaign fundraising - $$ advantage over

competitors Results in many weak opponents being nominated – why

spend $ in a district your party won’t win?

The Average Congressman Average age:

• HoR: 57• Senate: 63

Majority religion: Protestant 95 women in Congress (a record)

• 78 in HoR• 17 in Senate

42 African Americans• 41 in HoR• 1 in Senate

30 Hispanics• 27 in HoR• 3 in Senate

Minorities & women have always been underrepresented in Congress & state legislatures• Reason for Voting Rights Act of 1965 to

encourage states to take measures to increase minority representation in Congress

After 1990 census: states redrew districts• Led to increasing African American

representation by 50%, Hispanic representation by 70%

Population shifts in last 20 years has given more seats to Southern states, meaning other regions losing seats

Suburban representation has increased at expense of rural & urban areas

Draws members primarily from legal & business professions• Almost ½ of HoR & > ½ of Senate have legal

background Reason: lawyers have many prerequisites needed

for successful run for Congress: Interest & experience in law Prominence w/in community Personal wealth to at least partially fund election

campaign