SENATESENATEHOUSE OF HOUSE OF

REPRESENTATIVREPRESENTATIVESES

Congress

Why Bicameral?

• Historical---we stole the idea from British Parliament (House of Commons, House of Lords)

• Practical---compromise between big states (Virginia) & small states (NJ)

• Theoretical---each will check each other’s power “checks and balances”

The National Legislature• Congress’s job is to make laws.• The Constitution states that Congress must be

bicameral.• The House of Representatives and Senate make up the

Congress.• The House of Representatives members are determined

by population.• The Senate has two members from each state.

CongressCongressCongressCongressSenateSenate

Upper HouseSenateSenate

Upper HouseHouse of RepresentativesHouse of Representatives

Lower HouseHouse of RepresentativesHouse of Representatives

Lower House

President of President of SenateSenate

VP of USA

President of President of SenateSenate

VP of USA

President Pro TemporePresident Pro TemporeSenior Ranking Member

Of the Majority Party

President Pro TemporePresident Pro TemporeSenior Ranking Member

Of the Majority Party

435 Representatives (+6 nonvoting delegates)

Elected by PopulationServes for 2 years

435 Representatives (+6 nonvoting delegates)

Elected by PopulationServes for 2 years

House Minority LeaderHouse Minority LeaderHouse Minority LeaderHouse Minority Leader

Speaker of HouseSpeaker of HouseMajority Leader

Speaker of HouseSpeaker of HouseMajority Leader

100 Senators2 from each StateServes for 6 Years

100 Senators2 from each StateServes for 6 Years

Major Differences Between the Houses of Congress

The HouseThe House The SenateThe Senate435 members serving two-year terms

Based on population

Speaker refers bills to committee

Committees almost always consider legislation first

Rules Committee powerful; controls time of debate, admissibility of amendments

Debate usually limited to one hour

Non-germane amendments may not be introduced from floor

Revenue bills, impeachment

100 members serving rotating six-year terms

Equal number of members per state

Committee consideration easily bypassed

Rules Committee weak; few limits on debate or amendments

Unlimited debate unless shortened by unanimous consent or by invoking cloture

Non-germane amendments may be introduced (riders).

Confirm nominations, ratify treaties, impeachment trials

Qualifications to Become a Member of Congress

Qualification H of R Senate

Age: At least 25 At least 30

Citizenship: At least 7 years At least 9 years

Residency: Must live in the state they are elected from

Must live in the state they are elected from

TYPES OF LEGISLATIONTYPES OF LEGISLATION– Bills: draft of a law presented to H or S Bills: draft of a law presented to H or S

by a member.by a member.– Resolutions: formal declaration of Resolutions: formal declaration of

opinion.opinion.– Riders: Attachment to bill, usually Riders: Attachment to bill, usually

controversial and not directly related controversial and not directly related to the bill and it wouldn’t pass on its to the bill and it wouldn’t pass on its own as a bill.own as a bill.

– Earmarks: provision to a bill including Earmarks: provision to a bill including local spending items.local spending items.

THE BILL TO LAW PROCESS (Simplified)THE BILL TO LAW PROCESS (Simplified)

1. Bill introduced in H/S1. Bill introduced in H/S

2. Sent to committee2. Sent to committee

3. Voted on by H or S3. Voted on by H or S

4. Sent to Conference with other chamber4. Sent to Conference with other chamber

5. Sent to President5. Sent to President

6. Signed or Vetoed (if vetoed, override possible 6. Signed or Vetoed (if vetoed, override possible with 2/3s vote) with 2/3s vote)

Leadership in the Leadership in the House of RepresentativesHouse of Representatives

SPEAKER OF THE HOUSESPEAKER OF THE HOUSESelected by the majority party

Job: Presiding Officer of the House

Power: Decides which committee a bill goes to. John Boehner

R – Ohio

Leadership of house

Majority Leaders (House and Senate): Spokesmen for dominant party

Senate- Mitch McConnell (R-KY) Kevin McCarthy (R-CA)

Leadership of House

• Minority Leaders (House and Senate): Spokesmen for opposition party

Senate- Harry Reid (D-NV) House- Nancy Pelosi (D-CA)

                              

Leadership of Senate

• Vice President of US: President of Senate: breaks ties

• President pro tempore of Senate: Orrin Hatch (R-UT)

• Whips: vote counters in House, assist party leaders

Leadership in the Leadership in the United States SenateUnited States Senate

Harry ReidD - Nevada

Mitch McConnellR - Kentucky

Majority LeaderMajority Leader Leads the Democratic party

Job: Guides legislation

Minority LeaderMinority Leader Leads the Republican party

Job: Leads Opposition

Other House & Senate PositionsOther House & Senate Positions• Clerk of House does administrative duties.

• Parliamentarian keeps rule on debate.

• Chaplain prays before debate.

• Sergeant at Arms keep order.

• Official Reporters writes every single word in meeting.

• Post Master sees that everything is distributed.

House & Senate CommitteesHouse & Senate Committees• Committee posts are delegated by the Speaker and based on

seniority – Way and Means Committee – Paul Ryan (8 presidents, 21 Speakers)/ Armed Services Committee

• Powerful politicians are hard to remove

• The Senate has 21 permanent Committees (Judiciary, Armed Services)

• The House has 21 permanent Committees (Ways and Means, Appropriations)

• There are 4 Joint Committees

• Standing Committees are formed by an official and have power. They meet on a regular basis

• Select (Special) Committees are formed to investigate an issue and expires on completion

• Joint Committees include members from both chambers

Congressional Rules and Congressional Rules and BenefitsBenefits

Congressional ExpectationsCongressional Expectations• Loyalty to chamber• Civility• Seniority – the most senior members get

more choice of assignments • Specialization - become an expert in area• Reciprocity (aka logrolling)-support for

each others bill.• Members often curry favor by contributing

to other campaigns

Theories on Congressional Theories on Congressional RepresentationRepresentation

• Delegate– Follows advice & instruction of constituents

• Trustee– Counts on trust of constituents based on their

vote of confidence

• Politico– Mix of what works politically (delegate

sometimes, trustee sometimes)

Privileges and PenaltiesPrivileges and Penalties

• Congressional Immunity

• Freedom of Expression in Congressional Records

• Expel Members with 2/3 vote

• Codes of Ethics

Does Congress represent the average American people?

• The average member is a male in his mid-50s. Most are married and have a background in politics, law, agriculture or education

• Law background- 159 Reps & 58 Senators• Education background- 82 Reps & 14 Senators• 109 have served as former political aides. • Private sector background- 162 Reps & 26

Senators

  

  

House Demographics

• There are 75 women in the HOR (15%) • 42 HOR members (9.5%) are African-American.• (African-Americans make up about 13% of

current U.S. population.• 27 HOR members (5%) are Hispanic.• (Hispanics represent about 14% of the U.S.

population.

Compensation and BenefitsCompensation and Benefits• Salaries - $174,000 per year

– Speaker $223,500 Leaders $193,400• Some outside income allowed (15% of pay)

• Members are allowed to deduct, for income tax purposes, living expenses up to $3,000 per annum, while away from their congressional districts or home states.

• The Members’ Representational Allowance (MRA) is available to support Representatives in their official and representational duties (Franking + office expenses + personal ($994,671 per member)

• The 2014 allowances ranged from $1,195,554 to $1,370,009, with an average MRA of $1,255,909

Compensation and BenefitsCompensation and Benefits• Reps have an average of 17 staffers; Sen have an

average of 40

• The Senators’ Official Personnel and Office Expense Account (SOPOEA) is available to assist Senators in their official and representational duties. (average is $3,235,422)

• Each Senator gets $40,000 for furnishing!

Compensation and BenefitsCompensation and Benefits• Computer service• No insider trading laws

• TV and radio broadcast

• Travel expense ($250,000 + free flights)

• Foreign Trips

• Pension Plan and Retirement Income (next of kin gets one year salary)

• Incumbency = helps in re-election

Congressional PowersCongressional Powers

Terms and Sessions of Congress

• Each term begins on January 3rd of odd numbered years.

• On January 3rd, 2015, the 114th Congress began and will end late in the year 2015.

Terms and Sessions of Congress

• Each term has two sessions. A session lasts one year.

• Congress can adjourn when it finishes its business.

• The President can call Congress into a special session to deal with an urgent matter.

Senate• The Senate has 100 members.

Each state has two senators.• 17th Amendment (1913): direct

election of senators• Senators serve six-year terms. 1/3

of the Senate is up for reelection every two years. (33 or 34)

• Considered the upper house of the legislature

• 54 Republicans, 46 Democrats, 2 Independent

Senate Demographics

• In the 114th Senate:• 54 Republicans; 44 Democrats; 2 Independent• Men will chair 20 committees; women will chair 1 (more

women but less power)• 17 women• 3 Hispanics• 11 Jews (10 Dem, 1 Ind.• 1 Asian-Americans• 1 African American (9 in all of history)• Average age is 62 years• Oldest member is 81 (5 are in 80s, 18 are in 70s) the

youngest is 37 (Tom Cotton AR).

“Millionaire’s Club”• The Senate

– Longer terms, less turnover, more media attention, more prestigious

– Less rules, more open talk– Major committees: Judiciary, Foreign Relations,

Appropriations– Senator serve on 2-3 committees– Leaders Majority and Minority – The longest senator from each state is the

“senior senator”– (medium net worth of Congress is $1,000,008)

The Filibuster

• The Filibuster: Talking until majority of Senate agrees to abandon or modify a bill.

• OLD STROM: Record filibuster 24 h, 18 min

• Filibusters have included corn bread recipes, phone book readings, fishing stories, etc.

• Cloture: 60 senator vote to limit debate to 30 hours

House of House of RepresentativRepresentativ

eses• Must be 25 years of age (when seated, not when elected).

• Must have been a citizen of the United States for 7 years.

• Must be an inhabitant of the state from which elected. (NOTE: custom, but not the Constitution, requires that a representative live in the district that he or she represents.)

• Serve a two year term.

The House of Representatives• 114th Congress is 2015 to 2017• 435 members – 201 Dems, 234 Reps.

• The H of R apportions, or distributes, the seats among the states.

• Each member is up for reelection every two years.

– Leader: Speaker of House: John Boehner (R)

The People’s House

• The House– 435 members, running every two years=always

running– Responsible for Federal Budget– Strict rules on debate, amendments– Major committees: Appropriations, Oversight and

Gov’t Reform, Budget– Lots of subcommittees which are far more open

for discussion– The House has the sole authority to initiate

revenue bills

Determining RepresentativesDetermining Representatives

• CensusCensus Every 10 years to determine population• ReapportionReapportion – Divide seats between states

(Congress does this)

Constitution – 1 rep per 30,000 citizens

1929 Reapportionment Act passed

1959 = 437 Reps (Hawaii & Alaska)

1990 – 1 rep = 576,000

2009 – 1 rep = 709,000

10,280 = members in House if original numbers used

Determining RepresentativesDetermining Representatives

• CensusCensus Every 10 years to determine population

• ReapportionReapportion – Divide between states (Congress)

• RedistrictRedistrict within the states (state legislature)

• GerrymanderGerrymander drawing district lines based on some characteristic other than just population (can often be declared illegal)– Bans exist on discriminatory gerrymandering– Bans on misrepresentation in district

Apportionment• House: 435 seats divided up based on

a state’s population (~670,000 per district)

• Senate: 2 Senators per state

IdahoIdaho

Drawing of Congressional Districts

• Districts are redrawn every ten years based on the census.

• Districts are drawn by the state legislatures, and approved by the federal courts.

• Districts must be: contiguous, compact, and equal in number of people represented in each district.

• Based on demographic shifts, states may gain or lose seats.

• In 2010 Texas gained four seats; Florida gained two seats; Georgia gained one seat, while New York and Ohio lost two each.

• There has been a movement from the cold, northern states to the warmer southern states

Congressional Elections

• Held in November in even-numbered years.

• An off-year election is the congressional election held between presidential elections. The president’s party usually loses seats.

3. Powers of Congress3. Powers of Congress

Legislative Powers (Expressed- specifically mentioned Constitution):

1.  Tax and Spend, (and Spend, and Spend)2.  Borrow3.  Coin Money4.  Regulate Commerce5.  Foreign Relations (approve treaties, declare war, etc.)6.  Create courts, post offices, copyrights, & patents7. Manage and rule territories

Strict Constructionists:

NO!

Loose Constructionists:

YES!

Legislative Powers Implied Powers- not specifically mentioned but

implied (by elastic clause). Too many to name---is this ok?

Nonlegislative Powers

1.  Impeachment

2.  Propose Amendments

3.  Choose a President

Nonlegislative Powers4.  Give Advise & Consent

5.  Investigate

6. Oversight

EARMARKS

• An earmark is a congressional provision that directs appropriated funds to be spent on specific projects or that directs specific exemptions from taxes or mandated fees.

• AKA as pork barrel spending

PIG BOOK RULES

• This year’s Congressional Pig Book Summary symbolize the most egregious and blatant examples of pork. 

• Meet at least one of the seven criteria, but most satisfy at least two:– Requested by only one chamber of Congress– Not specifically authorized; – Not competitively awarded; – Not requested by the President; – Greatly exceeds the President’s budget request or the

previous year’s funding; – Not the subject of congressional hearings; or – Serves only a local or special interest.

$107,000 to study the sex life of the Japanese quail.

$1.2 million to study the breeding habits of the woodchuck.

$150,000 to study the Hatfield-McCoy feud.

$84,000 to find out why people fall in love.

$1 million to study why people don't ride bikes to work.

$19 million to examine gas emissions from cow flatulence.

$144,000 to see if pigeons follow human economic laws.

Funds to study the cause of rudeness on tennis courts and examine smiling patterns in bowling alleys.

$219,000 to teach college students how to watch television.

$2 million to construct an ancient Hawaiian canoe.

$20 million for a demonstration project to build wooden bridges.

$160,000 to study if you can hex an opponent by drawing an X on his chest.

$800,000 for a restroom on Mt. McKinley.

$100,000 to study how to avoid falling spacecraft.

$16,000 to study the operation of the komungo, a Korean stringed instrument.

$1 million to preserve a sewer in Trenton, NJ, as a historic monument.

$6,000 for a document on Worcestershire sauce.

$10,000 to study the effect of naval communications on a bull's potency.

$100,000 to research soybean-based ink.

$1 million for a Seafood Consumer Center.

$57,000 spent by the Executive Branch for gold-embossed playing cards on Air Force Two.

Total: $ 45,980,000 Total: $ 45,980,000