U.S. CapitolU.S. Capitol

U.S. CapitolU.S. Capitol

HouseHouse1. Speaker’s Office2. Committee on Ways3. Cloakrooms4. Mbr’s Retiring Room5. House Chamber6. Committee on Approp.7. Minority Whip8. House Reception Rm9. House Conf. Room10. Com. Meeting Rm.11. Representatives Off.12 Minority Leader

Central AreaCentral Area13. Old House Chamber14. Rotunda15. Senate Rotunda16. Old Senate Chamber

SenateSenate17. Senators’ Offices18. Senate Conf. Room19. Minority Leader20. Majority Leader21. Office of VP22. Senators’ Recept. Rm.23. Cloakrooms24. Senate Chamber25. President’s Room

• 1. BicameralismBicameralism – two chambers [House and Senate].• 2. Terms of CongressTerms of Congress – two years.• 3. Sessions of CongressSessions of Congress – one year.• 4. ReapportionmentReapportionment – Congress reapportions the House of

Representatives seats after each 10 year census10 year census. It used

to be one seat per 37,000one seat per 37,000. Now it is one seat per 650,000one seat per 650,000. If we still had one per 37,000, we would have more than 30,000 representatives30,000 representatives. The first Congress had 65 representatives and 106 by the 3rd. There were 26 senators.

• 5. GerrymanderingGerrymandering – altering district lines for partisan advantage. Odd shaped districts that have been drawn to the advantage of the party in power.

• 6. CensureCensure – Congress can reprimand only its own members for such misconduct as abuse of privileges, financial corruption, or misuse of public funds. In 1983, house members Daniel Daniel CraneCrane and Gerry StuddsGerry Studds were censured. Crane lost the next election but Studds kept his seat. Both were guilty of “affirmative action”“affirmative action” with the pages.CraneCrane

• 7. ExpulsionExpulsion – removal from the House or Senateremoval from the House or Senate because of disorderly conduct [normally for treason or accepting bribes]. Expulsion requires a 2/3 concurrence of the requires a 2/3 concurrence of the membership of that chambermembership of that chamber. This occurred in 1980 after the ABSCAM bribery scandal with Rep. Michael Myers from Pennsylvania [right].

• 8. JunketsJunkets – trips abroad trips abroad by Congressman supposedly to gain info but frequently the line between business and pleasure is hard to determine.

• 9. Incumbent Incumbent – current members of Congresscurrent members of Congress. 90% of incumbents in House are reelected & most of the incumbents in the Senate are reelected. It costs millions to win a Senate seatmillions to win a Senate seat and over $500,000 to win a House$500,000 to win a House seatseat. Each senator must raise about $15,000 a week for each of his 6 years.The incumbencyincumbency advantageadvantagein House electionsin House elections has beenconsistently strongstrong in recenthistory. SenateSenate elections elections areclearly more volatilemore volatile, dippingas low as 55%55% re-electionrate in 19801980, the year the Reagan landslideReagan landslide helped sink some Democratic incumbents.

10. QuorumQuorum – minimum numberminimum number [51 in House51 in House and 218 in Senate218 in Senate] required for a chamber to conduct businessto conduct business.

11. FilibusterFilibuster – “talking a bill to death”“talking a bill to death” in an attempt to get the attempt to get the Senate to abandon Senate to abandon or at least modify a billa bill. In 1947, Idaho’s Glen Taylor spoke 8 & ½ hours on fishing, baptism, Wall Street, and his children. The record is over 24 hours by Strom Thurman.

12. ClotureCloture – a filibuster may be filibuster may be stopped in the Senate whenstopped in the Senate when 3/5 [60 60 members of the senators vote for cloturevote for cloture [this is usually hard to do]. A petition signed by 16 senators16 senators is is necessarynecessary to to initiateinitiate a a cloture votecloture vote. By historical tradition, the Senate gives its Senate gives its members unlimited debatemembers unlimited debate.

13. CaucusCaucus – meeting of the majority partymajority party in the Housein the House.

14. SenioritySeniority – how long a member has servedhow long a member has served in Congress. Seniority increases your clout.

15. VetoVeto – when the president disapproves of a bill. It can be sent backsent back to Congress for revision. Can be overridden with a 2/3 voteoverridden with a 2/3 vote in each chamber.

16. Pocket VetoPocket Veto – If Congress adjourns within 10 daysadjourns within 10 days, the president can let the bill dielet the bill die by not signing it.

17. WhipsWhips – assistants to the majority and minority leadersassistants to the majority and minority leaders. Whips originated in the British House of Commons. They were named after the “whipper in,”“whipper in,” the rider who keeps the hounds togetherkeeps the hounds together in a fox hunt, because their job is to keep party members keep party members in linein line with the party’s positions.

The first pagefirst page was 9-year old Graftin HansonGraftin Hanson, sponsored in the 1830s by senators Daniel Webster and Henry Clay. Older boys became “riding “riding pages” pages” and delivered messages by horse. Back then many pages were orphansorphans or children of poor families whose plight had come to the attention of a congressman. Today any high school student with good grades [including an “A” in economics“A” in economics] can apply to his or representative. There are 71 in the House71 in the House and 30 in the Senate30 in the Senate. Must be 16, a junior, with a 3.0 GPA.

A year in Washington is a big plus on a college applicationbig plus on a college application, especially in the Ivy League. Sexual equalitySexual equality came to the page system in 19711971, when Senator Jacob Javits – who had sponsored the first black page in 1965first black page in 1965 – brought in the first girlfirst girl. Now about 50% of the pages are females50% of the pages are females. The page schedule calls for school, work, study and sleep – leaving little time for mischief. Although they rotate among a variety of jobs, most work as messengers. After their first week – which can mean covering between 50 covering between 50 and and 75 miles75 miles – most pages suffer from blistersblisters and and swollen swollen feetfeet. The workday ends when Congress adjourns – usually in the late afternoon or early evening. Homework & laundryHomework & laundry fill the time until curfew at 10 p.m.The dress requirementsdress requirements for males is a navy blazermales is a navy blazer, long sleeved white shirtlong sleeved white shirt, dark gray dark gray

slacksslacks, dark socksdark socks, dark shoesdark shoes, and a standard issue tiestandard issue tie. For femalesfemales, the dress requirement is a navy blazernavy blazer, a long sleeved white blouselong sleeved white blouse, dark gray skirtdark gray skirt or dark gray pantsdark gray pants, dark dark shoesshoes, appropriate hosehose, and a standard issue tiestandard issue tie that is provided during orientation. Shoes should be solid black non-canvas low cut athletic shoes or comfortable black dress shoes. Pages are expected to maintain a neat appearance and conservative hairstyle at all time and adhere to the above dress code while working on the Capitol complex during business hours. Their pay is $1,568 a monthpay is $1,568 a month.

We live in Representative Democracy: • ““The people rule”The people rule”… but not directly• We do not make laws, collect taxes, decide court cases, etc.• CONGRESS is charged with the most basic governmental function in a democracy--- translating public will translating public will into policy through lawsinto policy through laws..• James Madison called Congress “the first branch of National “the first branch of National Government”Government”..• Longest article of Constitution is dedicated to it.

•Article 1, Section 1, Clause 1Article 1, Section 1, Clause 1

““All legislative Powers herein granted All legislative Powers herein granted shall be vested in a Congress of the shall be vested in a Congress of the United States which shall consist of a United States which shall consist of a Senate and House ofSenate and House of Representatives”.

James Madison

• Although the province of Congress has fluctuated over time, it has been the true center of power in Washington.

• The movement of legislation has become more difficult with each year, and finding time to debate is increasingly difficult.

• Many charge Congress with being the source of government expansion.

• CongressCongress is the legislative branch of the government. Its major major function function is tois to makemake the the lawlaw. It is charged with the basic function of translating the public will into public policytranslating the public will into public policy in the form of law.

• Constitution establishes a BicameralBicameral Legislature Legislature – 2 houses2 houses.• Bicameralism is a reflection of federalismreflection of federalism. Each State is equally

represented in the Senate and by its population in the House.• The Framers favored a bicameral Congress in order that one one

house might act as a check on the otherhouse might act as a check on the other.• Some people think the equal representation of the States in the

Senate should be scrapped as undemocratic. AlaskaAlaska has only has only 500,000 residents500,000 residents. CaliforniaCalifornia, has more than 33 million33 million. Yet each has two senatorseach has two senators.

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It is hard work!• The typical House House

membermember serves on about 6 committees 6 committees and subcommitteesand subcommittees

• The typical Senator Senator serves on about 10 10 committees and committees and subcommitteessubcommittees

• Often, they are scheduled to be in more than one place at a time (compact schedules)

• Each term lasts for twotwo years and is numbered from the first term, which began on March 4, 1789.

The date for the start of each term is [20th Amendment – 1933] at noon on the 3rd day of JanuaryJanuary, of every odd-numbered year.

• There are 2 sessions to each term of Congress – one each year which includes breaks for holidays and vacations.

• Congress adjourns as it sees fit but normally remains in session most of the year through November or December.

• Neither house may adjourn without the consent of the other. Neither house may adjourn for more than three days without the consent of the other.

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• Only the PresidentPresident may call a special session of Congresscall a special session of Congress. Only the Senate has been called into special session on 46 occasions, but not since 1933. Both houses have been called 26 times, the last time in 1948, by Truman, to consider anti-inflation and welfare measures.

• The fact that Congress meets almost year-roundmeets almost year-round cuts down the need for special sessions. The 109th congress met from 2005-2007.

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HouseLarger [435 members]Shorter term of office [2 years]Less flexible rulesSmaller constituenciesPower less evenly distributedLess prestigeLess press and media coveragePolicy specialistsMore committeesActs more quickly

SenateSmaller [100 members]Longer term of office [6 years]More flexible rulesLarger constituenciesPower more evenly distributedMore prestigeMore press and media coveragePolicy generalistsFewer committeesActs more slowly

Focus1. What are the terms, election, and qualifications of the members of the house?2. How reapportionmentreapportionment [redistribution of seats] affects the make-up of the House?What a congressional district is and how it is formed.What effect the “one-man, one-vote”“one-man, one-vote” rule has had on the House and on electoral politics.

Size and TermsSize and Terms: • 435 members435 members (is notis not fixed). The 1st & 2nd House had 65 members, then went to 106 in the 3rd.• The House of Representatives is apportioned on basis of population.• Each state has at least one seat (AK, DE, MT, ND, SD, VT and WY).• District of Columbia, Guam, Virgin Islands, and American Samoa elect delegatesdelegates (debate, not vote)- Puerto Rico has a resident commissionerresident commissioner..• Because members of the House of Representatives have only 2 2 year termsyear terms, they have to think about reelection & “the folks back “the folks back home”.home”.

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HouseHouse of of RepresentativesRepresentatives

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• 435 members• 2 year terms• membership based on population• all states have at least 1 representative

Requirements• Must be at least 25years old Citizen of U.S. for at least 7 years• Resident of state in which elected

1111 Congress reapportions [redistributes the seats] after each 1010-year census. Since 1912, the House has had 435 seats. [437 temporarily when Alaska and Hawaii were admitted but went back to 435 in 1961].The “permanent”“permanent” size of 435size of 435 is permanent as long as they vote not tonot to change it.change it.Each seatEach seat in the House represents an average of 650,000650,000 persons.Elections are held on the Tuesday following the first Monday in NovemberNovember of each even-numbered year.

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• Article 1 of the Constitution requires Congress to reapportion-redistribute - the seats in the House after a decennial census.• As the nation’s population grows and number of States were admitted, the population increases. • From 1800-1810, the House went from 142 seats to 186 seats.• With the admission of Arizona and New Mexico in 1912, the number became 435 and has not changed.• The 1920 census put the Congress at a loss… the population increased but the Congress was getting too crowded to add members, so--- they ignored their constitutional duty. 7 States have only one representative [Alaska, ND, SD, DE, VT, MT, & WY].

GerrymanderingGerrymandering – Districts that have been drawn to the advantage of the drawn to the advantage of the dominant partydominant party in power. Some districts are shaped like a shoestring, a dumbbell, the letter Y, or some other odd form.

Gerrymandering normally takes one of two forms, “packing”“packing” and and “cracking”.

1.1. ““Packing”Packing” – drawing the district lines of a congressional district so they include as many of our political party’s include as many of our political party’s voters as possiblevoters as possible.

2.2. ““Cracking”Cracking” – means dividing the opponents strength dividing the opponents strength among two or more districtsamong two or more districts. This makes it difficult to get enough votes to win.

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• The Constitution gives congress the power to discipline its own membersdiscipline its own members for wrongdoing. Action ranges from censure, a formal reprimand [disorderly behavior], all the way to expulsion [removal from the House or Senate].

• CensureCensure is normally misconduct such as financial corruptionfinancial corruption, misuse of misuse of public fundspublic funds, or abuse of privilegesabuse of privileges. The member could be stripped of privileges, fined, and removed from positions of leadership.

• ExpulsionExpulsion requires the concurrence of two thirds of the two thirds of the membershipmembership of the chamber. In 1980, for the first time since the Civil War, the House of Representatives took the extreme measure of expelling a member. The representative was convicted of bribery after an FBI undercover operation code-named ABSCAM. In which a bureau agent posed as a wealthy Arab sheik seeking various favors.

• In 200 years, the House has expelled 5 members. Three in 1861 for their “support of rebellion.” “support of rebellion.” In 1980, Michael Myers [Pennsylvania] was expelled for corruption after accepting $50,000 in the ABSCAM probe.

• In 1983, the House voted to censure DDanielaniel • CraneCrane & Gerry StuddsGerry Studds. Both had sexual • relations with congressional pages [Studds • with a male page]. Crane lost the next• election but Studds kept his seat.

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StuddsStudds

MichaelMichaelMyersMyers

[ABSCAM][ABSCAM]19801980

In a 1980 FBI sting operation, The FBI created a front organization called Abdul EnterprisesAbdul Enterprises, Ltd. Its agents then posed as associates of an Arab sheikassociates of an Arab sheik and offered selected public officials money or other considerations in exchange for special favors. The videotaped meetings netted Senator Harrison WilliamsHarrison Williams & Representatives Richard KellyRichard Kelly, Michael “Ozzie” MyersMichael “Ozzie” Myers, Frank ThompsonFrank Thompson, Raymond LedererRaymond Lederer & John Jenrette John Jenrette [who was also known for having sex with his wife on the Capitol steps]. Most notorious was Richard KellyRichard Kelly, who was seen on the videotape stuffing $25,000 in cashstuffing $25,000 in cash in his jacket pocket, and then asking ““Does it Show?Does it Show?””  The Six Congressmen were convicted of BriberyBribery and conspiracyconspiracy in separate trials in 1981. Another Congressman, John John MurphyMurphy, was convicted of a lesser charge. The FBI's tactics raised questions about entrapment, and the conviction of Kelly was overturned in 1982. Most of the politicians resigned or did not seek reelection when their terms expired, but Myers had to be kicked out. He became the first House member to be expelled since the Civil War. Williams did not resign until his expulsion was imminent.

The constitution grants congress the power to impeach, or bring formal chargesformal charges against, any member of the executive or judicial branch of government accused of misconduct or wrongdoingmisconduct or wrongdoing. Impeachment is not a determination of guiltnot a determination of guilt. Only the House can bring charges of impeachment [formal charges] which only requires a majority voterequires a majority vote. It goes to the Senate where it requires 2/3 votegoes to the Senate where it requires 2/3 vote for conviction. Only 14 officials have ever been impeached14 officials have ever been impeached by the House – 2 presidents2 presidents, one senatorone senator, one supreme court justicesupreme court justice, and ten federal judgesten federal judges. The Senate convicted 5Senate convicted 5 of these officials. All 5 were federal judgesAll 5 were federal judges. The 2 presidents impeached were Andrew JohnsonAndrew Johnson and Bill ClintonBill Clinton. Both were acquitted in the Senate. In 1974, the House Judiciary Committee recommended impeaching President Richard Nixonrecommended impeaching President Richard Nixon, but Nixon resignedNixon resigned from office before the case came to a vote in the full House.

In the days before TV, theonly way to view an event such as the impeachmenttrial of President Andrew Johnson was to obtain a

ticket like this.

• The House is “the Judge of Elections, “the Judge of Elections, Returns, and Qualifications of its own Returns, and Qualifications of its own Members”…Members”… so it can decide not to seat a member-elect if he/she is challenged.• They can refuse to seat a member refuse to seat a member with a majority votewith a majority vote, punish members for disorderly behavior by majority vote, & expel members with a 2/3 vote.• James TraficantJames Traficant was expelled in 2002 for bribery and he & his toupee went to prisontoupee went to prison. • The Congress has used its power… in 1900 it refused to seat Brigham H. Roberts of UT because he was a polygamistpolygamist. • In 1969, after the Powell v. Powell v. McCormackMcCormack case, the Court stated that age, citizenship, and residenceage, citizenship, and residence was the only criteria that could be considered… no one has been excluded since. • Often members of Congress will resign beforeresign before suffering any punishment suffering any punishment.

James Traficant [420-1]James Traficant [420-1]

Size: • Constitution says the Senate “shall be composed of“shall be composed of two two Senators from each state” Senators from each state”..• By the end of the First Congress (1791) there were 26 members.• 100100 Senators Senators represent 50 states.• Framers hoped small size would make it more enlightened than the more enlightened than the HouseHouse which they though would be impulsive. The Framers reinforced this by giving them longer terms and more stringent qualifications. •They areare elected at large from each State.• Madison and Wilson saw a “necessary fence”“necessary fence” against the “fickleness and passion”“fickleness and passion” of the House. Senators represent the Senators represent the entire State, which has broader entire State, which has broader interests and is more diverseinterests and is more diverse..

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Senators are chosen for sixsix-yearterms. The terms are staggered.A third of them -33 or 34 expire every twotwo years. The Senate is acontinuous bodycontinuous body [all of its seatsare never up for election at thesame time. A Senator must be 3030 years oldand been a citizen for 9 yearscitizen for 9 years, and a inhabitant for his State.

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Election:• OriginallyOriginally, the Constitution provided for Senators to be Senators to be chosen by State legislatures. chosen by State legislatures.• This changed in 1913 with the ratification of the 1717thth Amendment allowing the public Amendment allowing the public to directly vote to directly vote for theirfor their Senators Senators.• Prior to 1913, many senators were popular and qualified people… but maneuvering and in-fighting caused problems in the States.• Often, Senators and their supporters would buy votes from State legislators to win their seat.• By the late 1800’s, the Senate became known as the “Millionaires ClubMillionaires Club”.• Adding the 17th Amendment was a difficult task because 2/3 of the Senate would not approve it (2 occasions), but they bowed to public pressure in 1912. As Washington said to Jefferson, “We shall pour House “We shall pour House legislation into the senatorial saucer to cool it.”legislation into the senatorial saucer to cool it.”

Term: • Senators serve 6 year terms6 year terms and there are no term limitsno term limits. • Robert C. Byrd (D-WV)Robert C. Byrd (D-WV) has served the longest since January 3, 1959 to present (almost 52 years).• Senate terms are staggered with only 1/3 1/3 up for reelection every two yearsup for reelection every two years (33-34 Senate elections).• The Senate is a “continuous body”“continuous body” meaning all of its seats are not up at any given time. • The 6 year terms insulate Senators6 year terms insulate Senators making them less susceptible to the pleas of special interest groups.• Senators are less likely to be focused on less likely to be focused on special interestspecial interest too because they have larger constituencies… they are more likely to look at “the big picture”.“the big picture”.• The SenateSenate is aa more “elite” groupmore “elite” group who gain more media attention than their House colleagues, champion public policy issues, and sometimes run for the presidency.

Number of Number of Senate Seats Senate Seats

ElectionElectionYearYear

Michael Steele (R)Ben Cardin (D)

Maryland Senate Race 2006

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• 100 members• 6 year terms• 1/3 are up for reelection every 2 years• every state gets 2 senators

Requirements• Must be at least 30 years old• Citizen of U.S. for at least 9 years• Resident of state in which elected

Like the House, the Senate may judge the qualifications of members and can exclude members with a majority vote.

15 members of the US Senate have been 15 members of the US Senate have been expelledexpelled since its creation… 1 in 1797 (William BlountWilliam Blount) for treason and fourteen senators in 1861 and 1862 for supporting the Confederacy during the Civil War.

Like in the House, Senators who find themselves in trouble will usually resign rather than face expulsion.

Senator Bob PackwoodBob Packwood was threatened with expulsion for acts of sexual harassment against 29 women. So he resigned.

Senator David Durenberger [MN] David Durenberger [MN] was found guilty by the Senate Ethics Committee of Financial Misconduct, and he chose not to run for reelection in 1994.

Bob Packwood

David Durenberger

William Blount

• Almost all members are marriedAlmost all members are married, a few are divorced, on average two children.average two children.• 60% Protestant, 25% Catholic, 8% Jewish.• LawyersLawyers: 1/3 in House, 1/2 in Senate• Over 80% have college degrees80% have college degrees, some with advanced degrees.• Only small number born outside of US• There are several millionaires… but others who rely on their congressional paychecks.• Average senator is in his second term, average House member has served four terms.• 1/3 of senators once served in the House.

Again--- Congress is made up of mostly Again--- Congress is made up of mostly white, upper middle-class Americans. white, upper middle-class Americans.

CompensationSalary- The current salary for rank-and-file members of Congress is $174,000$174,000 per year. Leaders in Congress get more: Senate Leadership Majority Leader - $193,400 Minority Leader - $193,400 House Leadership Speaker of the House-$223,500 Majority Leader - $193,400 Minority Leader - $193,400 JunketsJunkets [trips abroad] may be paid for by government. They are for the

purpose of obtaining info on legislation, but frequently they seem to be more for entertainment. An Arkansas rep took his daughter & 6 membersof his staff and spent $56,000 in Brazil inspecting alcohol fuel pumps.

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Compensation

Non-salary compensation- “Fringe Benefits”Tax deduction to maintain residence at home and in the DC areaTravel allowances to and from home to DC and backLife and health insurance at low ratesVery generous retirement plan

Members who have participated in the congressional pension system are vested after 5 years of service. A full pension is available to Members 62 years of age with 5 years of service; 50 years or older with 20 years of service; or 25 years of service at any age.

Provided with an office and funds to pay for staffGranted “franking privilegesfranking privileges” (ability to send mail and other materials postage free. Also… free printing, restaurants in capital, gyms, swimming pools, free parking, services of Library of Congress… and more 4141

They are freeare free from arrest in all cases, except treason, felony,and breach of the peace, when they are attending Congressor on their way to and from Congress.

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Politics of PayTwo Limits on Level of Congressional Pay1. The President may veto congressional pay raises.2. The Congress may show disapproval by voting against

their incumbents in the next election.3. 27th Amendment (Do not get raise until reelected).

Congress has tried to avoid issue through…Special tax breaksLiberal pension plans increased travel and office fundsOther perks…

Issue will not disappear soonIt is important to pay members decent salaries.

Otherwise qualified members will not run foroffice, or only the wealthy will…

HOUSE OF REPRESENTATIVESHOUSE OF REPRESENTATIVES:• Incumbents (those who already hold the office), and they usually win reelection.• Even in years of huge upheaval, incumbents still win at a rate over 90%. (1994: 92%1994: 92%;; 2006; 94%)• In the House of Representative, incumbents not only win 90%+, but a majority win with 60% of the vote.• Even when positions are closer, the incumbent is still usually victorious.

SENATESENATE::• Incumbent senators generally have the same rate of reelection, but often win by smaller margins.• There is greater competition in a Senate; they have a larger, more diverse, statewide race.• Less contact with constituents and receive more media than representatives (and are held more accountable.• Challengers in senate races are usually much better known and have greater financial means.• As a result of feelings of vulnerability, incumbents are raising money at record rates, traveling to their states and districts more often sending more mail, & staffing more local offices.

Political oddities...Jim Webb of VA and

Bob Casey of PA each

beat incumbent Senators in 2006.

• Voters are rarely aware of how their members of Congress vote.• CoattailsCoattails are discussed often, but they seem to be a bit of a myth today.• Even a poor economypoor economy does not effect incumbents in Congress very seriously.• Members of Congress engage in 3 primary activities to increase the probability of their reelection

1. Advertisingdvertising: takes place between elections; incumbents make contact with constituents, stay visible, and make frequent trips to their state or district

2.2. Credit ClaimingCredit Claiming: provide personal and direct service.

a. CaseworkCasework: helping constituents as individuals (making sure Grandma get her SS check; appointments to service academies.

b.b. Pork Barrel SpendingPork Barrel Spending: ensuring federal expenditures are spent on federal projects in the state or district; contract for cities, businesses, colleges, and institutions. They must be able to claim credit for “doing something for you”.

3.3. Position TakingPosition Taking: The positions a member of Congress takes can make a difference in reelection bids… particularly when they matter to constituents and effects them personally, or when positions are out of lines with the majority in the area they represent (theses issues seem to matter more in the Senate).

• In most cases, members of congress face weak weak opponentsopponents.

• Party loyalty is not as strong as it once was, but it is still a good predictor of voting behavior• Most members of Congress represent constituencies in which their party is in the majority.

Defeating Incumbents:• An incumbents tarnished by scandal or corruption become vulnerable… voters do take out anger at the polls.• ReapportionmentReapportionment can also play a role in the defeat of incumbents (ala TX after 2000 census).• In 1994, the republican revolution defeated 35 incumbentsdefeated 35 incumbents in the House and 9 in the Senate… In 2006, Democrats picked up 30 house seats30 house seats and 5 in the Senate.

Before the 1930 census, Congresswanted to avoid its previous lapse…

so it passed the Reapportionment ActReapportionment Act of 1929of 1929. It is still in place & established

“ “automatic reapportionment”automatic reapportionment”. It did 4 things:

1. The House would remain remain at 435at 435 membersmembers. This was changed temporarily in 1959 with Additions of AK and HI. Today, each Congressman represents about 650,000 constituents.

2. The Census Bureau will decide the Census Bureau will decide the number of seatsnumber of seats each state should have.

3. When the Census Bureau’s plan is ready, the President must send it to President must send it to CongressCongress..

4. If the neither house rejects it within 60 days, the plan becomes effective.

Date: Congressional Elections are held on the same day in every state since 1872 (first Tuesday after first Monday in first Tuesday after first Monday in NovemberNovember of each even numbered year).

Off-Year Elections: Elections held in years between Elections held in years between presidential elections are called “off-year elections”presidential elections are called “off-year elections” (such as 2006). In most cases, the party in power (president's party) does poorly in off year elections (see below).

• 435 members of the House are chosen by voters in 435 separate congressional districts.• These members are chosen in “single-member districtssingle-member districts”, meaning voters pick one candidate from that district to represent them rather than an “at large” candidate (elected by state as a whole). • Congress did away with the at large general ticket systemdid away with the at large general ticket system in 1842 due to its lack of fairness.• The 1842 law required state legislatures to draw congressional congressional districts and required that they be districts and required that they be continuouscontinuous.• In 1872, Congress ordered that Districts have “as nearly as “as nearly as practicable an equal number of practicable an equal number of inhabitants.”inhabitants.”• In 1901, Congress added that districts of “compact area” (comparatively small).• Many of the requirements haverequirements havebeen ignoredbeen ignored by States.

In 1812 Massachusetts Democrats holding office signed into law a plan that reorganized their election districts. The plan strengthened the Democrats by creating as many Democratic districts as possible and weakened the Federalists by lumping them together in as few districts as possible. Among the oddly-shaped districts that resulted was one that zigged and zagged wildly over the map. When the map was displayed at a party, an artist present added wingswings, clawsclaws, and an eyeeye, and a tonguetongue. “It’s a salamander,”“It’s a salamander,” someone declared. Remembering that Governor Elbridge Gerry had signed the redistricting plan into law, another member of the party spook up: “It’s not a salamander, it’s a “It’s not a salamander, it’s a gerrymander!” gerrymander!” From then on the unnatural division of election districts has gone by the name of gerrymander. The first gerrymander was a success. Although the Democrats received 51,000 votes and the Federalists 50,000, the Democrats managed to elect 29 State senators, the Federalists only 11. Since then the gerrymander has had many offspring.In one redistricting plan a Massachusetts district was carved into the shape of a snakesnake – 25 miles long25 miles long and as narrow as 2 miles wide2 miles wide. It was said that if you went down the interstate with both car doors open, you would kill kill all theall the voters voters in that district. Mississippi once had a district called the “shoestring”“shoestring” – 300 miles long and only 40 miles wide-created to concentrate the largest number of black voters in one area. After every reapportionment, this political beast appearspolitical beast appears.

• Longstanding patterns of wide population variations among House districts and rural dominance in state legislatures came to an end with the Wesberry v. SandersWesberry v. Sanders case in 1964• The Court held that Georgia’s Congressional Georgia’s Congressional districtsdistricts population differences were so great that they violated the Constitutionviolated the Constitution. • Ultimately they held that each mans vote needed to count the same and didn’t if an area was not apportioned properly (Known as “one person, one “one person, one vote”vote”).). Now cities have a much greater voice in congress and state legislatures.• This did not end gerrymandering, though. The only real restriction on gerrymandering is when it gerrymandering is when it is purely racial (is purely racial (Gomillion v. LightfootGomillion v. Lightfoot… violation of 15th Amendment).• But, minority-majority districts were still drawn after the 1990 and 2000 censuses. The Supreme Court struck down race-based districts in many cases including Bush v. VeraBush v. Vera..• Yet, the Court recently held that race can be part of the process in drawing district lines (Hunt v Hunt v CromartieCromartie,, 2001)

Other Privileges: • Also afforded ability to avoid arrestavoid arrest during sessions of Congress (unless they committed treason, a felony or “a breach “a breach of the peace”of the peace”).).• This dates back to when Kings harassed members of parliament who would not fall in line.• They also may not be “questioned in any may not be “questioned in any other placeother place” other than their chamber of Congress. They can not benot be sued for “libel “libel or slander”or slander” in their capacity as members of Congress (legislative immunity).• This protects legislative debate.. But it does not givedoes not give members of Congress unbridled freedomunbridled freedom to attack others verbally or in print.

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Terms of Congress: • TermsTerms in the Congress (House of Representatives) lasts for 2 years.• Originally (1st Congress) March 4, 1789- March 4 1791.• 20th Amendment (1933) changes this to “noon of the 3rd day of January” of every odd numbered year.• So… the 108th Congress’ term began on January 3, 2005 and ended at noon on January 3, 2007.

SessionsSessions:• Period of time during which , each year, the Congress assembles and conducts business. There is one session per year (2 total).• According to 20th Amendment, Congress should begin term on January 3, but gives them the ability to choose another day (happens often).• They adjourn adjourn (suspend session) as it sees fit. • Prior to WWII, sessions usually lasted 4-5 months… since then they often go year round with short “recesses”“recesses”..• Neither house of Congress may adjourn “Sine die”“Sine die” (without approval from other house).• In the case that the 2 houses can’t agree on a date, the President is given the power to prorogueprorogue (adjournadjourn) as session (has never happened).

Shirley Chisholm, the first black Shirley Chisholm, the first black woman woman elected toelected to C Congress ongress , , 19681968

The US made a bicameral legislature for historical, practical, and theoretical reasons.

HistoricalHistorical: The British Parliament was (is) bicameral and the system was well know, as were all of the colonial as were all the state legislatures (minus GA & PA).

PracticalPractical: Bicameral Congress, dividing into a Senate with equal representation and a House of Representatives which based membership on state population, was a way to resolve differences between large and small states.

TheoreticalTheoretical: Framers wanted to ensure that each chamber could “check” the other. The Framers knew the Congress had the potential to be the “overwhelming” force in government… so dividing it would prevent this by making each chamber competitors for power.

House of Representatives AgendaHouse of Representatives Agenda:• House is bigger and more institutionalized than Senate.• Party loyalty/voting are more common.• Debate can be ended with simple majority vote• Has the unique House Rules Committee:

• Bill coming from House committees are reviewed before they go to floor.• Bill is given a “rule”“rule” (scheduled bill, allots time for debate, sometimes specifies what amendments can be made.• All members are appointed by the Speaker.

Senate: Protect elite interests, ratify treaties, confirm presidential nominations, try impeached officialsHouse: (closest to masses) initiate revenue bills, impeach officials

The SenateThe Senate:• They are less disciplined and less centralized than House.• Party leaders do what the Rules Committee does in the House.• A quorumquorum is a minimum number of members who must be present to permit a legislative body to carry out its business. This consists of 218 in the House218 in the House and 51 in the 51 in the SenateSenate.• Members in the Senate may use a filibusterfilibuster to kill a bill or “talk it to death”“talk it to death”..• This can ONLY be done in the Senate (because the House has a rules committee that sets time limits for debate).• It can only happen when cloturecloture is not invoked.• ClotureCloture means that 60 Senators or more have agreed to limit debate prior to a bill coming to the floor.•A meeting of the majority party in the House is a caucuscaucus.

Senator Strom Thurmond (D-SC--he later became a Republican) holds the record for the longest individual filibusterfilibuster, talking for 2424 hours and 18 minutes against civil rights legislation in 1957.

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• Congressional leadership is party leadership!• Power is dispersed widely requiring an appeal by leaders for broad support.

House Leadership:• Speaker of the HouseSpeaker of the House: second in line for presidency (after VP)

• Once had autocratic powers… but most were removed in 1910 and given to committees (some later restored).• Formal Powers:

• presides over House when in session; major role in committee assignments;• plays big role in appointing party’s legislative leaders and party leadership• has great control over which bills get assigned to which committees• has informal power inside and outside Congress

• Majority LeaderMajority Leader: (Speakers principle partisan ally) Rounds up votes for party legislation and for scheduling bills.• Minority LeaderMinority Leader: same as majority leader but for minority party (not a Speaker ally).• Majority WhipMajority Whip: rounds up votes and reports views and complaints to party rank-and-file.• Minority WhipMinority Whip: same as majority whip but for minority party.

Steny HoyerMaj. Leader

John BoehnerMin. Leader

Nancy PelosiSpeaker of the House

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Senate Leadership:• President of the SenatePresident of the Senate: the Vice PresidentVice President is given this role by the Constitution… little to no influence in the Senate but can break a tiebreak a tie.• President pro temporePresident pro tempore: highest-ranking senator and 3rd in line for presidency after the Speaker of the House. During the VP’s absence, the President pro tempore is the highest-ranking official in the Senate and may preside, but usually delegates the authority… position usually given to the most senior senator in majority party.• Minority LeaderMinority Leader: real source of power in the Senate; rounds up votes, influences committee assignments.• Majority WhipMajority Whip: rounds up votes and reports views and complaints to party rank-and-file.• Minority WhipMinority Whip: same as majority whip but for minority party.• SenioritySeniority is the length of time a member has served in Congress.

Harry ReidMaj. Leader

Mitch McConnellMin. Leader

Robert ByrdPresident pro tempore

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• Many scholars are amazed that anything gets done in Congress due to its complexity.• Bicameral division mean bills have to get through two separate committees.• Recent reforms have decentralized power and the job of leading congress is more difficult.• Congressional leaders are less powerful today and have to respond to their party members.• After the 1994 Republican Revolution, Newt Gingrich centralized power and exercised strong leadership… he was extraordinarily powerful.• Nancy Pelosi seems to be following the same path…

Speaker of the House Newt Gingrich

from 1995 to 1999

• Most of the real work in real work in congress happened in congress happened in committeescommittees which dominate. congressional policy making.• They regularly hold meetings to investigate problems and investigate problems and wrongdoing wrongdoing in all parts and branches of the government.• They control the agenda & guide legislation from its introduction to its sendoff. • There are four types: standing committees, joint standing committees, joint committees, conference committees, conference committees,committees, and select select committeescommittees..

So that Congress can make decisions about bills relating to a variety of issues, the Congress is split into different committees.

Each congressman is assigned to a standingstanding (permanent)CommitteeCommittee which studies special issues

The Committees include:Agriculture, Appropriations Armed Agriculture, Appropriations Armed Services, Budget, Education Services, Budget, Education and and the the Workforce, Energy and Commerce,Workforce, Energy and Commerce,Financial Services, Government Financial Services, Government Reform, House Administration, Reform, House Administration, International Relations, Judiciary, International Relations, Judiciary, Resources, Rules, Science, Small Resources, Rules, Science, Small Business, Standards of Official Business, Standards of Official Conduct, Transportation and Conduct, Transportation and Infrastructure, Veterans Affairs, Infrastructure, Veterans Affairs, Ways & Means Ways & Means

Meeting of the Senate Appropriations Committee.

Central hearing room of the Hart Senate Building.

When standing committees need to study specific issues, they often create subcommitteessubcommittees.

For example, the Armed Services Committee needed to decide which bases to close, so they created the Subcommittee on

Military Installations and Facilities

The Judiciary Committee has had to deal with issues relating to

immigration so they created the Subcommittee on Immigration

and Claims

Committee on Transportation

and Infrastructure

Subcommittee on Aviation

Subcommittee on Highways and Transit

Subcommittee on RailroadsEx

ampl

e

Congress often creates joint joint committeescommittees made up of members of the House of Representatives and Senate that study a few policy areas

Conference CommitteesConference Committees are a form of joint committee. They are formed to compromise and resolve differences between the House and Senate versions of a bill.

Other joint committees presently in existence are the Joint Economic Committee, Joint Economic Committee, Joint Committee on Printing, Joint Committee on Printing, Joint Committee on TaxationJoint Committee on Taxation

Source: US House of Representatives

A proposed law is called a billbill.A schedule that lists the order in which bills are to be considered by the House is a calendarcalendar.Most bills that are introduced do notdo not become law.Amazingly, less than 10%10% of the bills that make it out of committee successfully become laws… there are about 5,500 introduced each year.

As the framers intended, law making is a difficult task.

BILL

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• Every bill submitted to a committee is typically goes to a subcommitteesubcommittee which can hold hearings on it.• Bills that make it out of committee are “marked up”“marked up” (revised or rewritten) and then submitted to the House and Senate for consideration.• ““Floor managers”Floor managers” of the bill help party leaders secure votes for it, & also serve as “cue-givers” to whom other members turn to for advice.• When the two chambers pass different versions of the same bill, some members of the committee will be appointed to a conference committee.

Congress also has other roles…

Legislative oversightLegislative oversight: (watchdog role) Monitors the bureaucracy and administration of policy (a check over the executive branch).1. Oversight is generally done through

hearings… monitors how bill are implemented and pressures executive agencies to comply with their wishes.

2. Oversight can catch national attention such Watergate, Iran-Contra, and the Monica Lewinsky scandal.

3. Congress keeps tabs on routine activities through its committee staff members who have specialized expertise in the fields and agencies that Congress oversees (they have formal and informal contacts within bureaucracy).

• After the election, members will write their leadership and indicate their preference for committee appointments.• Hope to achieve 3 goals: reelection, influence in Congress, and make policy in areas they care about.• Committees include members from both parties… the majority will have the majority of seats and the chairmanship.

Committee ChairsCommittee Chairs are most important influencers of committee agenda… also play dominant role in scheduling, hiring staff, appointing subcommittees, and managing bills before they are brought before the full house.• Through the 1970’s, there was a seniority system in place… but a revolt of younger members changed that both parties permit members to vote for committee chairs.• Seniority is still the general rule for selection, but therehave been exceptions.• These reforms have reduced the clout of the chairs.

Chairs of House Committees

• The advent of caucusescaucuses [meeting of the meeting of the majority partymajority party] in Congress has made the representation of interests in Congress a more direct process.• There are a series of caucuses in Congress based on race, region, ideology, and economics.

Examples:• Blue Dog Coalition • Congressional Black Caucus• Congressional Caucus for Women's Issues• Congressional Hispanic Caucus• Congressional Horse Caucus• Congressional Internet Caucus • Congressional Second Amendment Caucus • Congressional Victim's Rights Caucus • Congressional Western Caucus• Flat Tax Caucus• U.S.-Mongolia Friendship Caucus • Victory in Iraq Caucus •… and LOTS more

• The average representative has 17 assistants; the average senator has 4444.

• There are about 11,500 individuals serve on the personal staffs of members of Congress.• 1/3 to 1/2 work at local offices to stay close to constituents and pass on their concerns to Washington.• The committees of the House and Senate employee another 2,500 staffers… generally, theyorganize hearings, do research, , draft committee reports, write legislation, and keep tabs on the executive branch.

Three Important Staff AgenciesThree Important Staff Agencies:1.1. Congressional Research ServiceCongressional Research Service (CRS): (CRS):

administered by the Library of Congress; employs 750 researchers with developed expertise.

2.2. General Accounting OfficeGeneral Accounting Office (GAO): (GAO): reviews activities of the executive branch to see if it is following the law by investigating how effectively and efficiently the policy has been implemented.

3.3. Congressional Budget OfficeCongressional Budget Office (CBO): (CBO): analyzes the president’s budget and makes economic projections about the economy, cost of policies, and effects of taxing and spending alternatives.

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• A bill is a proposed law (5,500/ year, 11,000 per 2 year House term), drafted in precise legal language • Anyone can draft a bill, but only members of House or Senate may introduce (The White House and interest groups are keys sources of bills)• Most bill are killed early in he process, so many will attach bills as ridersriders• RidersRiders are an “add-on” to a bill already under the consideration of the Congress, having little connection with the subject matter of the bill. • They are usually created as a tactic to pass a controversial provision which would not pass as its own bill. • Another tactic is omnibusomnibus legislations: an omnibus bill is a single document that is accepted in a single vote by a legislature but contains amendments to a number of other laws or even many entirely new laws… usually full of porkfull of pork!

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Bills introduced

Passed one chamber

Passed both chamber

Public Law

10,238

667667

660660

Reported by committee

• Presidents have their own legislative agenda based on party platform and electoral coalition… the president is often called “chief legislator”“chief legislator” and his job is to convince Congress this his agenda and Congresses’ should be the same.• The President may try to influence try to influence members directlymembers directly, but usually leaves it to the White House liaison office that will meet with party leaders in the House and Senate regularly.• The presidents job, therefore is to create a favorable configuration of create a favorable configuration of political forcespolitical forces.• Presidents are most successful during most successful during the earlythe early part of their presidency part of their presidency when their party often control one hous of congress or the other.• Of course, presidents regularly lose on regularly lose on many issuesmany issues.

Party Influence: • Party’s are most cohesive when Congress is electing official leaders – usually a vote for Speaker is a straight party-line vote.• On issues like civil rights, there may be division.• Differences between the Republican and Democratic party usually about social welfare and economic policy.• In Great Britain (and other parliamentary governments) party-line votes are the norm on most all matters. • Parties in the U.S. are weaker, but party affiliation can influence votes… but typically, Democrats and Republicans oppose each other less than half the time.• Party leaders are never guaranteed support from renegade members of their party and can little to control dissent (minus committee appointment threats). • MoneyMoney has also become a bigger factor in Congressional campaigns.

REGULAR PARTY RENEGADES

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Much of a congressman’s job revolves around unimportant and routine duties (i.e. Voting on National Wildflower Week, etc). But when issues are important and matter to constituents, they have to decide on what basis to cast votes. They have four choicesThey have four choices:1.1. TrusteesTrustees: use their “best judgment”“best judgment”;; questions

decided on merits; conscience guides them; nothing but their own values guide their votes in Congress.

2. Instructed Delegates: agents of their constituents; vote the way the “folks back home”“folks back home” want them to… they are mirrors to constituent desires.

3.3. PartisansPartisans: Loyal to political party; always vote “the party line”“the party line” based on party platform and desires of party leaders. This is the leading factor on influencing votes in Congress.

4.4. PoliticosPoliticos: combine elements of the trustee, delegate, and partisan. Try to balance conflicting balance conflicting factorsfactors: own views, what’s best for constituents/nation, political realities, and pressures of the moment.

True “trustee” Ron Paul

True “partisan” John Kerry

True “politico” Arlen Specter

LobbyistsLobbyists: many are former members of Congress who have greater access to their old colleagues.• 14,000 individuals represent 12,000 organizations… the bigger the issue, the more lobbyists.• Lobbyists are regulated by the Federal Federal Regulation of Lobbying ActRegulation of Lobbying Act (1946) and 1995… Lobbyists who seek to influence or defeat legislation must register and file reports with the Secretary of the Senate and clerk of the House.

• In fact, ANYONE hired to lobby members of Congress, congressional staff members, White House officials, and other federal agencies must report:

1. issues they seek to influence2. how much they spend on the

effort3. identities of their clients

• This is intended to prevent shady deals and the influence of special interest.

Lobbyist and businessman who pled guilty in 2006, to 3 criminal felony counts

defrauding of Indian tribes and corruption of public

officials. He was sentenced to 5 years and 10 months in prison and

ordered to pay restitution of more than $21 million

(and that was a plea bargain).

Former high-ranking Republican

Congressman Bob Livingston, now owns

a DC lobbying firm

Former Democratic Congressman Jim

Slattery, now a partner in a DC

lobbying firm

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• The quality of democratic government depends on the quality of representation.• Congress is definitely undemocratic and unrepresentative in some ways.

• They are part of American elite.• Leadership is chosen by own members.• Voters have little influence over who the people who chair key committees or lead congressional parties

• But… they are also representative• They try to listen to American people and react when people want something different.• Elections do make a difference in votes and policy.• Linkage institutions do link voters to policy makers.

Reforming CongressReforming Congress:• Reformers have tried to promote a more open and democratic Congress… and have succeeded to a large degree.• In the late 1950’s, real power was a the top.• Committee chairs were automatically selected by seniority and their power was unquestioned.

Johnson gives "The Treatment" to 90-year-old Rhode Island Senator

Theodore F. Green in 1957

• Senate Majority Leader Lyndon JohnsonMajority Leader Lyndon Johnson started the reform process when he implemented the “Johnson Rule”“Johnson Rule” which gave each senator a seat on at least one key committee.• By the 1970’s the reform movement tried to create more democracy by spreading power around.

• Chairs were elected by majority party (some replaced).• Power of chairs was reduced.• Subcommittees became center of power.

Representation vs. EffectivenessRepresentation vs. Effectiveness:• The big legislative dilemma for Congress is combining faithful representation of constituents with making of effective public policy.• Supporters (like the Framers) believe Congress is a place where interests compete for a spot on the policy agenda and over the form of a policy.• Critics think Congress is too responsive to so many interests that policy is uncoordinated, fragmented, an decentralized… and possibly incapable of decisive taking action to deal with difficult problems.

• Americans are often contradictory in their preference regarding public policy.• They want to balance the budget and want to pay less taxes… but the also want government services.• Many believe this likely explains the American trend toward ticket splitting and divided government on a national level.• Big government seems to help members of Congress get reelected… and this is why they support making it bigger.• BUT… Congress generally only supports programs that the publics demands.• Regularly, the public decries bigger government… but they demand those services that benefit them personally (self-interest).

• Sometimes passion over debate becomes physical. In the 19th century, dueling was a widespread solution for personal disputes, as were fists, knives, canes, and fire tongs. Leading citizens carried loaded pistols, and that included members of congress. In our time, shoving shoving and tie-pullingtie-pulling matches have replaced lethal weapons.

• In April, 1997, a dispute between Rep. David ObeyDavid Obey [D-WI] and • Rep Tom DelayTom Delay [R-TX] over references to a newspaper article• critical of Delay. This led to some name-calling and shovingname-calling and shoving • between them in the main aisle of the House floor. A staff • member intervened quickly to separate the two.

• In September, 1995, there was a hallway dispute which was a • continuation of an argument begun in the committee meeting. • The incident came to be known as “the brawl in the hall,”“the brawl in the hall,” and • involved mostly name-calling by raised voices. Rep. Sam Sam

• GibbonGibbon [D-FL] yanked the necktie of Rep. Bill ThomasBill Thomas [R-CA].

• Also in 1995, during the debate over sending U.S. troops • to Bosnia, two former boxers, Rep. Randy CunninghamRandy Cunningham • [R-CA] and Rep. Jim MoranJim Moran [D-VA] got into a shoving • match at the rear of the House chamber which spilled • into the hall.

• In 1985, a physical altercation between former Rep. Tom Tom DowneyDowney [D-NY] and former Rep. Bob DornanBob Dornan [R-CA] erupted during a debate on defense issues. At the rear of the chamber, after some name calling, Downey shovedshoved Dornan, who responded by yanking the necktieyanking the necktie of Downey.

• In June of 1985, Majority Leader Jim WrightJim Wright [D-TX] was presiding over the House. Wright left the rostrum, grabbed former Rep. Bob WalkerBob Walker [R-PA] by the arm and threatened to punch him in the mouthpunch him in the mouth; this led to an extended and heated debate that evening during the special order speech period.

• In 1789, two members brawled on the House floor using a cane cane and fire tongand fire tong. In 1793, a House Member responded to a lingering dispute with a former Member by challenging him to a duel duel outside of the Capitol and killing himkilling him. In 1832, Rep. Sam Sam HoustonHouston was formally reprimanded by the House for attacking Rep. William StanberyWilliam Stanbery with his canecane. Stanbery’s response was to shoot at Houstonshoot at Houston, but his pistol misfiredpistol misfired. A duel between two freshmen Congressmen in 1838 ended in the death of one.

• In 1838, Rep. Abram MauryAbram Maury and Rep. William CampbellWilliam Campbell came to blows blows behind the Speaker’s chair. Campbell beat Maury beat Maury bloodybloody. In 1840 Rep. Jesse BynumJesse Bynum attacked Rep. Rice GarlandRice Garland with a canecane, while Rep. Ken RaynerKen Rayner and William MontgomeryWilliam Montgomery broke canes over each other’s headsbroke canes over each other’s heads.

• In 1856, Sen. Charles Sumner [MA] took to the Senate floor• to deliver a much-anticipated address entitled “The Crime “The Crime • Against Kansas.”Against Kansas.” At issue was the 1854 Kansas-Nebraska• Act. Sumner once said “Nothing against slavery can be “Nothing against slavery can be

unconstitutional.”unconstitutional.” Preston Brooks of SC, was known for his “obliging disposition “obliging disposition and hisand his conciliatory temper.” conciliatory temper.” A friend gave him a gutta-percha walking stickgutta-percha walking stick as a gift. This would become a weapon.

• Sumner took the floor and was giving a memorable speech on abolition. Sumner said that Andrew Butler of SC [Brooks’ uncle who was away from the floor] had chosen “the harlot, Slavery”“the harlot, Slavery” for his mistress and also made fun of made fun of Butler’s speech impedimentButler’s speech impediment. Stephen Douglas, pacing the floor in the rear of the Senate chamber, shook his head at Summer’s words and muttered, “That damn fool will get himself killed by some other damn fool.”“That damn fool will get himself killed by some other damn fool.”

• Sumner took his seat at the conclusion of his address. Lewis Cass called the speech “the most un-American and unpatriotic that ever grated on the ears.”“the most un-American and unpatriotic that ever grated on the ears.”

• Preston Brooks felt that Sumner had dishonored several membersdishonored several members and decided that a proper response proper response was inwas in order order. A good thrashing with a cane was the only fitting penalty. He headed toward Sumner with his solid, gold-headed gutta-purcha walking stick. “Mr. Sumner, you have libeled my state, and slandered “Mr. Sumner, you have libeled my state, and slandered my relation, who is absent, and I feel it to be my duty to punish you for it.”my relation, who is absent, and I feel it to be my duty to punish you for it.” As he finished his introduction, Brooks brought his cane down upon Sumner’s head. The light chastisement he had intended to administer quickly turned into a severe beatingsevere beating.

• Sumner attempted to stand, but his legs were trapped under the desk, which was bolted to the floor. Reeling under the blows with his arms extended in weak defense, he finally wrenched the desk from the floor with his thighs. He staggered down the aisle as Brooks snapped his cane in two over the senator’s head. Brooks continued the attack with the shattered remnant of his cane. By this time Sumner was insensibleSumner was insensible, and witnesses rushed to the scene to restrain Brooks and assist Sumner. “I did not wish to hurt him much, but “I did not wish to hurt him much, but only whip him.”only whip him.”

• Dazed and covered with blood, Sumner, bleeding badly, was moved from the Senate floor to a small room where he was treated. Admirers sent Brooks a number of ceremonial canes as gifts, including one inscribed, “Hit him again.”“Hit him again.”

• Daniel Webster’s son noted that the senator should have taken “the precaution “the precaution of wearing an iron pot on his head”of wearing an iron pot on his head” before making such insulting remarks.

““Gutta-purcha” walking stickGutta-purcha” walking stickPreston BrooksPreston Brooks

Afterwards Sumner was blinded by his own blood, and he staggered up the aisle and collapsed, lapsing into unconsciousness. He did not attend theSenate for the next 3 years while he recovered from the attack.

1. The (Supreme Court/Presidency/Congress) is the legislative [law-making] branch.2. The major function of Congress is to (interpret the law/carry out the law/make the law).3. The word for two houses is (filibuster/quorum/bicameral).4. The largest State in population is (California/Texas/New York). The smallest is (Arkansas/Alaska/New Mexico).5. A term of Congress is for (two/four/six) years. The date for the start of each term is the 3rd day of (January/March/November) of every odd-numbered year.6. Sessions of Congress last for (one/two/four/six) year(s). There are (one/two/four/six) sessions each term of Congress.7. Only the (President/Supreme Court Chief Justice) can call a special session of Congress.8. The 435 members of the House (is/is not) fixed by the House.9. Each State is guaranteed at least (one/two/four) seat(s) in the House.10. Representatives are elected to (two/four/six/eight) year terms.11. Congress reapportions after each (five/ten/twenty) year census.12. Each seat in the House represents about (350,000/650,000/950,000) persons.13. Congressional elections are held on the Tuesday following the first Monday in (July/November/January) of each even-numbered year.14. (Censure/Expulsion/Gerrymandering) is when districts have been drawn to the advantage of the dominant party in power in the legislature. 15. A (censure/expulsion/gerrymander) is a formal reprimand of a congressman for such misdeeds as misuse of public funds or abuse of privileges.

16. (Censure/Expulsion/Gerrymandering) is removal from the House or Senate and requires two/thirds concurrence of the membership of both chambers. 17. There are (435/100/200) senators representing all 50 States.18. Senators (are/are not) elected from the State at-large.19. Senators are chosen for (two/four/six/eight) year terms.20. Only a third of the senators [33 or 34] expire every (two/four/six) years.21. A senator must be at least (25/30/35) years old.22. The (House/Senate) is the more elite group.23. Yearly pay for congressman is roughly $____________.24. A (quorum/filibuster/junket) is a trip abroad paid for the government. 25. Congressmen (are/are not) free from arrest in all cases except treason, felony, and breach of the peace.26. A congressman (can/can not) be sued for libel or slander arising out of official conduct.27. A (quorum/filibuster/junket) is a minimum number of members who must be present to permit a legislative body to carry out its business. 28. A (quorum/filibuster/junket) is an attempt to “talk a bill to death.”29. Strom Thurman of South Carolina set the record when he spoke against the Civil Rights Act of 1957 for more than (12/24/36) hours.30. A filibuster may be stopped when 3/5 of the entire Senate [60 members] vote for (caucus/cloture/quorum).

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31. A meeting of the majority party in the House is a (caucus/cloture/quorum).32. The person in Congress who is the leader of the party that controls congress is the (Majority Leader/Minority Leader/Vice-President).33. The person in Congress who is the leader of the smaller party in Congress is the (Majority Leader/Minority Leader/Vice-President).34. The President of the Senate is the (Majority Leader/Minority leader/Vice-President). 35. The (Majority Leader/President Pro Tempore) presides over the Senate in the absence of the Vice-President.36. (Seniority/Quorum/Junket/Filibuster) is the length of time a member has served in Congress.37. A proposed law is called a (calendar/quorum/caucus/bill).38. A schedule that lists the order in which bills are to be considered by the House is a (quorum/calendar/caucus).39. Most bills that are introduced (do/do not) become law.40. Although thousands of bills may be introduced in each 2-year term, just under (2%/10%/50%) become law. 41. The average senator has (very few/many) assistants.42. A (horseback/bareback/rider) is an “add-on” to a bill.43. Money (is/is no longer) a factor in Congressional campaigns.44. _______________ are hired by interest groups to influence congressmen.LobbyistsLobbyists