Congress

A Bicameral Congress Historical Reasoning – The Framers chose to create a

bicameral legislature because that is what they were familiar with in their dealings with Great Britain

Practical Reasoning – A two chamber body was created to settle the controversy between the Virginia and New Jersey Plan

Theoretical Reasoning – One house would serve as a check to the other.

Terms and Sessions

Each term of Congress lasts two years.The term begins at noon on January 3rd

January 3, 2009 marked the beginning of the 110th Congress

Each term consists of two sessions, created by the 20th Amendment to the U.S. Constitution

Congress adjourns whenever it sees fit, usually when all work is done. However, one house cannot adjourn without the consent of the other.

The president has the power to adjourn Congress, or prorogue, but only when the two houses cannot agree on a date for adjournment

Special Sessions

The president may also call Congress into a special session when emergency situations arise and Congress is not in session. Only 26 special sessions have ever been called. The president can call Congress or either house into

session. The Senate has been called 46 times, mostly to deal with treaties or presidential appointments.

The House of Representatives

The HoR has 435 members, these members are apportioned among the states on the basis of their respective populations. Each state is guaranteed at least one seat. Alaska,

Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming.

Representatives are elected for two-year terms, and face no term limits.

Reapportionment

Congress redistributes seats every 10 years. States may gain or lose seats, but seats CANNOT be added to the HoR.

Reapportionment Act of 1929 The permanent size of the House is 435 members. Following each census, the Census Bureau is to

determine the number of seats each state should have

When the Bureau’s plan is ready, the President must send it to Congress

If, within 60 days of receiving it, neither house rejects the Census Bureau’s plan, it becomes effective.

Congressional Elections

Congressional elections are held on the first Tuesday in November during even-numbered years.

Generally during off-year elections, the President’s party loses seats in the House

Under the single-member district arrangement, the voters in each district elect one of the state’s representatives from among a field of candidates running for a seat in the House from that district.

Congressional Districts

State legislatures are responsible for drawing district lines for their states. Each district must be made up of “contiguous

territory, contain nearly the same number of inhabitants, and be a comparatively small territory.

Gerrymandering

Gerrymandering is the process of drawing district lines to the advantage of the political party that controls the legislature. The term comes from 1812 when Gov. Elbridge

Gerry drew district lines to favor his party. The districts were said to look like salamanders.

Reasons for gerrymandering To concentrate the oppositions voters in one or a

few districts To spread the opposition as thinly as possible

among several districts.

Gerrymandering Cases

Wesberry v. Sanders – the court ruled that state drawn district lines in Georgia violated the Constitution because population differences were too great and the “one person, one vote” rule was being violated.

Gomillion v. Lightfoot – gerrymandering on the basis of race is illegal

Bush v. Vera – districts designed to specifically include a majority of minorities are illegal

Hunt v. Cromartie – while race cannot be the controlling factor in drawing district lines, it can be considered.

Qualification of House Members

Members of the House of Representatives must: Be at least 25 years old Must have been a citizen of the U.S. for at least 7

years Must be an inhabitant of the state from which he or

she is elected.

The Senate

The Constitution states that each state will be represented by 2 senators from each state

Originally, U.S. senators were elected by state legislators, not by direct popular vote. This led to various accusations of bribery and

favoritism.The 17th Amendment changed the way

senators are selected. Now, states hold at-large elections were a direct

popular vote is taken state-wide.

Terms and Qualifications

Senators are elected for 6-year terms Every two years, one-third of the Senate is up for

reelection. The Senate is considered a continuous body

because all of its seats are never up for reelection at the same time.

A Senator must: Be at least 30 years old Have been a U.S. citizen for at least nine years Must be an inhabitant of the state from which he

or she is elected

Members of Congress

Congressmen play 5 roles Legislator Representative Committee member Public servant Politican

As legislators, Congressmen have four voting options Trustee – is entrusted by the people to make the best

decisions possible Delegate – believe they should vote how the people that

elected them would want them to vote Partisan – votes how his party wants him to vote Politico – attempts to balance the trustee, delegate and

partisan role.

Congressional Oversight

A vital function of a Congressman’s committee membership is oversight.

Oversight is the process by which Congress checks to see that various agencies in the executive branch are working effectively and acting in line with policies that Congress has set by law.

Compensation

Congressmen today make $150,000/year. Some members in leadership positions can make up to

$187,000. Congress can set their own salary, but are often reluctant

to do so.Members also receive “fringe benefits.”

Tax deductions for owning two homes Travel allowances Life and health insurance Medical care Generous retirement plans Office space and staff expenses Franking privilege – the use of free mail service. Very

valuable when a Congressman is running for reelection.