OBJECTIVES

1. Understand why a bicameral legislature was selected

2. Explain the requirements for members of each chamber, the election process, duties and compensation.

3. Explain the general duties and powers of each chamber

WHY BICAMERAL?1. Historical: British Influence

2. Practical: Compromise

3. Theoretical: Checks & Balances

4. Representation:

House – the people

Senate – the states

TERMS AND SESSIONSTerm: 2 yearsThe 113th Congress began Jan ‘13

Session: “Business” year

Proposed bills not passed during session are considered “dead”

THE HOUSE OF REPRESENTATIVES

Members: 435 Representation based on: Population

2-year terms

QUALIFICATIONS FOR HOUSE MEMBERS

1.Age: 252.Citizenship: 7 years3.Residency: in-state

Custom: Congressman should live in district he/she serves

REAPPORTIONMENT Seats are divided among states:

After the Census, based on pop. change

Redistricting ALSO req’d New Jersey = 12 representatives Reapportionment Act of 1929Permanent size of the House is 435

GERRYMANDERINGRedistricting: Redrawing districts

Gerrymandering: Redistricting to help a political party, group or candidate

Common today at:Congressional & State levels

Can the Senate be gerrymandered?

GERRYMANDERING METHODS

Two Methods Used:1. Concentrate opposition voters in one or a few districts

2. Spread opposition thinly among many districts

Goal: Create max. number of “safe seats”

5TH DISTRICT REPRESENTATIVESCOTT GARRETT

2003-2014Moderate

RepublicanHouse Committee on

Financial ServicesHouse Committee on

Budget

SENATEThe Upper House

Size: 100

Popular Election:1913 (17th Amendment)

SENATETerm: 6 years

Continuous Body: 1/3 run for reelection every 2 years

Represent: Entire stateElected at-large: States elect multiple senators

INCUMBENCY ADVANTAGE

LOVE CONGRESSMEN, BUT HATE CONGRESS?

QUALIFICATIONS

1.Minimum Age: 302.Citizenship: 9 years3.Residency: in-state

SENATORS FROM NEW JERSEY

Cory Booker (D)Bob Menendez (D)

INFORMAL QUALIFICATIONS

Political partyGenderEthnicityPolitical experience

COMPENSATIONSalary: $174,000Fringe benefits:

Franking Privilege (mail),

health care, gym, parking,

junkets (“research” travel)Freedom from Arrest

ARTICLE I:EXPRESSED POWERS

Tax & SpendBorrow MoneyRegulate trade (commerce clause)***Print currencyBankruptcy lawsRaise Army/Navy Declare war

ARTICLE I:EXPRESSED POWERS

Immigration & naturalizationPostal officeCopyrights & patentsWeights & measuresGovern territoriesCreate courts Define crimes & punishments

ESTABLISHMENT CLAUSEThe First Amendment's Establishment Clause

prohibits the government from making any law “respecting an establishment of religion.”

Forbids the government from establishing an official religion

Prohibits government actions that unduly favor one religion over another

Prohibits the government from unduly preferring religion over non-religion, or non-religion over religion.

LOGROLLING & PORK-BARREL Both are common practices in Congress

Logrolling: two (or more) legislators agree for each to trade his vote on one bill he cares little about in exchange for the other's vote on a bill that is personally much more important to him Especially common when the legislators are relatively free of control by their national party

leaders and are trying to secure votes for bills that will concentrate sizable benefits

Local projects such as Federally funded dams, bridges, highways, housing projects, VA hospitals, job-training centers, military bases and the like are often pushed through by logrolling.

Pork-Barrel Spending: Appropriations of public funds by Congress for projects that do not serve the interests of any large portion of the country's citizenry but are nevertheless vigorously promoted by a small group of legislators because they will pump outside taxpayers' money and resources into the local districts these legislators represent. Successful promotion of such pork-barrel legislation (often through skillful logrolling) is very likely

to get the legislator re-elected by his constituents.

Classic examples of such pork-barrel legislation include Federal appropriations bills for dams, river and harbor improvements, bridge and highway construction, and job-training centers, as well as legislation designed to prevent closure of obsolete or unneeded military installations, prisons, VA hospitals and the like.

Earmarks are one type of pork-barrel spending [OpenSecrets.org has a database of them!]

NON-LEGISLATIVE POWERS

Propose Constitutional Amendments

ImpeachmentElectoral College (H: pres, S: vice pres)Approve treaties & appointmentsOversight (investigations)

OVERSIGHT POWERS “watchful care”

Checks the executive branch

Prevents waste and fraud; protects civil liberties; ensures compliance with law; investigates executive performance; & gathers information for making laws

Takes many forms Committee inquiries and hearings

Formal consultations & reports from president

Senate advice & consent for presidential nominations & treaties

House impeachment proceedings & subsequent Senate trials

House & Senate proceedings under the 25th Amendment (if president becomes disabled or VP becomes vacant)

Informal meetings between legislators & executive officials

Congressional membership on governmental commissions

Studies by committees & support agencies

Has helped to force officials out of office, change policies, & provide new controls on the executive

Example: In 1949, probes by special Senate investigating subcommittees revealed corruption in the Truman administration, resulting in reorganization of agencies & formation of a White House commission to study corruption

DISCUSSION1. Members of Congress tend to have a

particular demographic profile—most members are middle-aged, male, white, well-educated attorneys. Is this a matter of concern?

2. Should the number of terms served by members of Congress be limited, as they are for the president?

COMMITTEES Most work is done in Committees because Senate & House are too big

Committee responsible for investigating proposed legislation (hearings from experts, other members of Congress, executive branch officials, private-sector organizations, & individual citizens)

Decide whether to report a new bill favorably or recommend it is passed with amendments

21 in House; 15 in Senate + 4 joint permanent committees with members from both houses: Library of Congress, Printing, Taxation, & Economic

In 114th House: Men chair 20 committees; Women chair 1 (House Administration Committee)

Not specifically outlined in Constitution, but began in 1789 in the House

Standing committees Permanent, one-house, limited to a single policy area

Joint committees Permanent*, two-house, limited to a single policy area, OR

Temporary, two-house, limited to a single crisis/investigation

Select committees Temporary*, one-house, limited to a single crisis/investigation, OR

Permanent, one-house, reviews complex/overlapping policy issues

Conference committees VERY temporary, two-house, limited to rewording a single bill

Used if a bill passes in different editions in the House and Senate

COMMITTEES TO KNOW House

Rules committee Powerful standing committee that affects EVERY bill

Does not specialize in a policy area

Ways & Means committee Specializes in taxation

Senate Judiciary committee

Interviews potential federal judges (and other legal/courts issues)

House & Senate Appropriations committees

Reviews spending; members EXCELLENT at funding “pet” projects (pork)

STANDING COMMITTEESHouse

Agriculture

Appropriations

Armed Services

Budget

Education & The Workforce

Energy& Commerce

Ethics

Financial Services

Foreign Affairs

Homeland Security

House Administration

Intelligence

Judiciary

Natural Resources

Oversight & Government Reform

Rules

Science, Space, & Technology

Small Business

Transportation & Infrastructure

Veterans’ Affairs

Ways and Means

Senate Agriculture, Nutrition, &Forestry

Appropriations

Armed Services

Banking, Housing, and Urban Affairs

Budget

Commerce, Science, & Transportation

Energy & Natural Resources

Environment and Public Works

Finance

Foreign Relations

Health, Education, labor, & Pensions

Homeland Security & Governmental Affairs

Judiciary

Rules & Administration

Small Business & Entrepreneurship

Veterans’ Affairs

HOUSE VS SENATE House

Rules Committee: Sets limits on amendment & length of debate

Closed (none) vs. open (germane only: related to bill’s content)

Committee of the Whole: subverts the quorum requirement

100 member body that allows debate on a bill (but not a vote)

Initiates all revenue (taxing & spending) bills in theory only

Discharge petition: forces bills out of committee

Senate Filibuster: Tradition of unlimited debate; a “stalling” tactic

Cloture: a 3/5 vote of present Senators ends a filibuster

Amendment: Riders/non-germane (unrelated) amendment allowed

Senate is known for uncontrolled earmarks/“Porkbarrel” spending

Approve appointments (majority) and ratify treaties (2/3 vote)