CONGRESSIONAL MEMBERSHIP

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The Legislative Branch

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bicameral legislaturea two chamber legislature

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censurea vote of formal disapproval of a member’s actions

censusa population count

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gerrymanderto draw a district’s boundaries to gain an advantage in elections

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incumbentelected official that is already in office

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reapportionmentthe process of reassigning representation based on population after every census

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redistrictto set up new district lines after reapportionment is complete

sessiona period of time during which a legislature meets to conduct business

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Congressional Sessions

Starts on January 3 of odd numbered years; divided into 2 sessions, each lasting 1 year with breaks for holidays and vacations; in session until members vote to adjourn; neither may adjourn for more than 3 days without the approval of the other; president may call back for special session if necessary

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Congressional MembershipHouse Senate

Qualifications

Term of office

Representation

at least 25 years of age; citizen of US for at least 7 years; legal resident of the state

at least 30 years of age; must be a citizen of US least 9 years; legal resident of state6 years; elections held every 2 years w/ 1/3 up for reelection

2 years

2 per state; total 100based on population counts from census; reapportionment and redistricting; total 435

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Congressional MembershipBoth

Salary and Benefits: $174,000; retirement and medical benefits; vested after 5 years; up to $150k/year retirementPrivileges: franking; allowances for staff payment; free from arrest except for felony, “treason and breach of the peace”; may be excluded or censuredCharacteristics: average – 50 yrs old, white and male, most attorneys, some businessmen, bankers, educatorsReelection: once elected, usually reelectedOnline Campaigning: web is presenting challenges for incumbents, opening doors for challengers

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Congressional MembershipReapportionment and Redistricting

states may gain or lose seats in the House after each census count; state legislatures determine new districts (redistricting); gerrymandering may result in packing (drawing lines to include as many of the opposing party’s voters as possible) or cracking (dividing an opponents voter’s into other districts, to weaken the opposing party’s voter base); has also been used to discriminate against races

HOUSE OF REPRESENTATIVES

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The Legislative Branch

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billa proposed law

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calendarsa schedule that lists the order in which bills will be considered in Congress

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caucusa private meeting of party leaders to choose candidates for office

constituentsa person whom a member of Congress has been elected to represent

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majority leaderthe Speaker's top assistant who helps plan the majority party's legislative program and steers important bills through the House

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quorumthe minimum number of members who must be present to permit a legislative body to take official action

whipsan assistant to the party floor leader in the legislature

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Rules for LawmakingRules Committee Work Party Affiliation

based on precedents, define actions a representative can take; geared toward moving legislation forward quickly on floor

do most of work of congress; more important in house than senate due to number of members; most members specialize based on their constituency

many procedures organized around party affiliation; Republicans sit on right side and democrats on left side; each selects their leadership

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LeadershipSpeaker of the House Floor Leaders

presiding officer of the House; decides which members speak first, appoints the members of some committees,schedules bills for action, refers bills to the proper committee

majority and minority leaders - helps plan legislative program, steers important bills, makes sure committee chairpersons finish work on bills important to the partyWhips – assist floor leader; keep watch on how members vote, persuade members to vote as the party wishes, make sure that members are present to vote

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Lawmaking in the HouseHow Bills Are Scheduled: bill place in hopper; Speaker

sends to appropriate committee for discussion, review and study; only 10-20% make it to floor for vote; 5 calendars (Union – money bills, House – public bills, Private – private bills, Consent – unanimous bills, Discharge – petitions to discharge bills

Quorum: minimum number needed for official action; when house in regular session quorum is 218 members; Committee of Whole only needs 100 members to amend legislation before sending back to floor for vote

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Member drops bill into hopper.

Speaker sends bill to

appropriate committee for

study.

Bill is put onto the appropriate

House calendar.

Bill is put onto Discharge

calendar to forceit out of

committee.

Bill goes to Rules

Committee.

Bill goes to floor of House for

debate, amending, and

vote.

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cloturea procedure that allows each senator to speak only 1 hour on a bill under debate

filibustera method of defeating a bill in the Senate by stalling the legislative process and preventing a vote

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president pro temporethe Senate member who stands in as president of the Senate in the absence of the vice president

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The Senate at WorkAtmosphere smaller chamber than House; very informal and more flexible than House; unlimited debate; few rules;

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LeadershipVice-President Majority Minority

may recognize members; put questions to a vote; may not take part in debates; may vote as tie breaker; President pro tempore presides when VP absent influences Senate through personal contacts

develops criticisms ofmajority party’s bills, tries to make their own senators work together; assisted by whips

plans Senate work schedule and agenda, makes sure party members attend important sessions, organizes party support on key bills; assisted by whips

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Lawmaking

Any member may introduce a bill; senate leaders control flow of bills, there is no rules committee; only 2 calendars: General Orders – lists all bills for consideration and Executive – treaties and nominations; bills come to floor by unanimous consent (agreement of any rules before bill reaches floor); lack of rules encourage Senators to express their ideas.

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Filibuster

since Senate has unlimited debate, senators may use the filibuster to stall a bill and delay or eliminate a vote; can be stopped by cloture (usually difficult); not as powerful as once was due to new Senate rules; Strom Thurmond, D, SC longest filibuster (24 hrs. 18 min at age 57)

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Speaker of the House presidesand controls who speaks; formalatmosphere; five calendars; manyways to delay or block bills

Members introduce bills; majority leaders control flow of bills to committees and to floor for debate and vote; minority leaders develop strategies to oppose or amend majority party bills.

Vice president or president protempore presides but cannot vote unlessto break a tie; informal atmosphere;only two calendars; few ways to blockbills, for example, filibuster

CONGRESSIONAL COMMITTEES

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The Legislative Branch

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conference committeea temporary joint committee set up when the House and Senate have passed different versions of the same bill

joint committeea committee of the House and the Senate that usually acts as a study group and reports its findings back to the House and the Senate

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select committeea temporary committee formed to study one specific issue and report its findings to the Senate or the House

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standing committeea permanent committee in Congress that oversees bills that deal with certain kinds of issues

subcommitteea group within a standing committee that specializes in a subcategory of its standing committee's responsibility

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Purposes of Committees: found in both House and Senate; ease the workload; key power centers; lawmakers are able to become specialist; committees decide which bills receive further consideration; allow public to learn about key issues facing nation; majority party writes the rules and controls the standing committees

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Standing deal with large issues that affect the nation,

Subcommittee specializes in subcategory of standing committee’s business

Select study a specific issue and report findings to House or Senate

Joint act as study groups that report findings to both houses

Conference resolve differences between House and Senate versions of a single bill

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Choosing Committee MembersImportance

Assignment

membership on some committees can increase a lawmaker’s chance for reelection

membership on some committees ensure that the lawmaker will be able to influence national policy

membership on some committees enable a member to exert influence over other members

assignments made by each political party; members may request assignments, each may only serve on a limited number of committees; most prestigious in House – Rules, Ways and means and Appropriations; Senate – Foreign Relations, finance and Appropriations

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Choosing Committee MembersRole

Seniority Systems

chairpersons of each committee are the most powerful members of Congress making key decisions, which bills to consider, hiring staff, deciding when hearing are held, managing floor debates; legislative Reorganization Act of 1970 made committees more democratic

member of the majority party with the longest uninterrupted service on a particular committee is traditionally selected as chairperson; criticism lead to changes to seniority system, chairman selected by secret ballot and chairpersons cannot hold positions for more than 3 consecutive terms.

CONGRESSIONAL POWERS

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The Legislative Branch

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appropriations billa proposed law to authorize spending money

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revenue billa law proposed to raise money privilege

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Limitations to Congressional Powers: Congress uses elastic clause when needed; SCOTUS often rules on if Congress has overstepped; limited by Bill of Rights; may not: suspend writ of habeas corpus (a court order to release criminals); bills of attainder (pass laws limiting right to a trial); ex post facto laws (making crimes of acts that were legal when committed)

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Legislative Powers of CongressPowers Examples

The Taxing and Spending Power

Other Money Powers

The Commerce Power

Foreign Policy PowersProviding for the Nation’s Growth

Other Legislative Powers

authorize revenue and appropriations bills

sell gov. securities; coin/regulate money; punish counterfeiters; establish standard weights and measuresregulate foreign and interstate commerce

approve treaties; declare war; create and maintain army and navy; make rules governing land and naval forcesnaturalize citizens; admit new states; pass laws for territories; pass laws to govern federal propertygrant copyrights and patents; establish a post office and federal courts

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Non-legislative Powers of CongressPowers How They Work

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Choose a President

Removal Power

Confirmation Power

Ratification Power

Amendment Power

If no candidate for pres has a majority of electoral votes, House chooses the president from the three candidates with the most electoral votes. House has power over impeachment; if a majority of House votes are for impeachment, goes to the Senate for trial; 2/3vote of those present is required for conviction.Senate approves presidential appointments of federal officials, like cabinet positions, regulatory agencies, diplomatic and military posts, and the federal judiciary.Senate has the power to ratify treaties between the U.S. and other nations. To ratify a treaty, two-thirds of the senators present must vote in favor of it. Congress and state legislatures share the power to propose amendments.

HOW A BILLBECOMES A LAW

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The Legislative Branch

Quick Review6.1

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pocket vetowhen a president kills a bill passed during the last 10 days Congress is in session by simply refusing to act on it

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private billa bill dealing with individual people or places

public billa bill dealing with general matters and applying to the entire nation

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ridera provision included in a bill on a subject other than the one covered in the bill

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vetorejection of a bill

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Types of Bills and ResolutionsResolutions Joint Resolutions

Concurrent Resolutions Riders

In addition to public and private bills congress may pass resolutions to deal with unusual or temporary matters; simple involve only one house of congress and do not have the force of law

Passed by both houses with the president’s signature has the force of law; may correct errors or appropriate money or used to propose amendments

Covers matters requiring action by both House and Senate but on which a law is not needed; like setting date for adjournment of Congress

An unrelated provision attached to a popular bill that has passed the House; Senate has no germaness requirement

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Introducing a Bill How Bills are Introduced – may be proposed or written by

interest groups, congresspersons, their staff, executive branch, can only be introduced by congressperson

Committee Action –new bills sent to corresponding committee; where it can be pigeonholed, recommend adoption, markup or rewrite

Committee Hearings – witnesses may include experts or interested individuals; may be short or long; may be used to influence public opinion

Markup Session – after meetings, members meet to decide what changes, if any to make to a bill

Reporting a Bill – after all hearings and markup, committee votes to kill or report a bill – report is to send to the floor for vote

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Floor ActionDebating and Amending Bills Voting on Bills

Second reading of a bill; Few members are usually present; amendments may be added to bills; amendment may be used to delay or kill the bill; amendments take a majority of members present

Quorum must be present; third reading of bill; takes a majority of members present to pass; house 3 voting methods – voice, standing, electronic; Senate 3 methods – voice, standing, roll call

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Final Steps in Passing Bills Conference Committee Action used when a similar bill

is passed by both – used to work out differences Presidential Action on Bills – sign, hold for 10 days

(becomes law without signature or veto Vetoing Bills – refuse to sign sending it back to Congress

or pocket veto (kills bill since no time for overrride) Congressional Override of Veto – Congress can override

with 2/3 vote in both houses, usually a difficult process Line-Item Veto – may veto just a portion of a bill

Sponsoring a Bill•You are the newly elected representative of the Glynn Academy District.•You want to help your constituents, namely the students, faculty and staff of Glynn Academy.•Usually ideas for bills start with some kind of problem that lawmakers hope a law can solve.•Think of a problem here at Glynn Academy that needs solving•Use the following template to put your idea into the format of a bill

Problem: Solution Ideas:Who benefits:Fiscal Impacts:Title: (which category)

 TITLE 1. GENERAL PROVISIONS TITLE 2. AGRICULTURE TITLE 3. ALCOHOLIC BEVERAGES TITLE 4. ANIMALS TITLE 5. APPEAL AND ERROR TITLE 6. AVIATION TITLE 7. BANKING AND FINANCE TITLE 8. BUILDINGS AND HOUSING TITLE 9. CIVIL PRACTICE TITLE 10. COMMERCE AND TRADE TITLE 11. COMMERCIAL CODE TITLE 12. CONSERVATION AND NATURAL RESOURCES TITLE 13. CONTRACTS TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS TITLE 15. COURTS TITLE 16. CRIMES AND OFFENSES TITLE 17. CRIMINAL PROCEDURE TITLE 18. DEBTOR AND CREDITOR TITLE 19. DOMESTIC RELATIONS TITLE 20. EDUCATION TITLE 21. ELECTIONS TITLE 22. EMINENT DOMAIN TITLE 23. EQUITY TITLE 24. EVIDENCE TITLE 25. FIRE PROTECTION AND SAFETY TITLE 26. FOOD, DRUGS, AND COSMETICS TITLE 27. GAME AND FISH

TITLE 28. GENERAL ASSEMBLY TITLE 29. GUARDIAN AND WARD TITLE 30. HANDICAPPED PERSONS TITLE 31. HEALTH TITLE 32. HIGHWAYS, BRIDGES, AND FERRIES TITLE 33. INSURANCE TITLE 34. LABOR AND INDUSTRIAL RELATIONS TITLE 35. LAW ENFORCEMENT OFFICERS AND AGENCIES TITLE 36. LOCAL GOVERNMENT TITLE 37. MENTAL HEALTH TITLE 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS TITLE 39. MINORS TITLE 40. MOTOR VEHICLES AND TRAFFIC TITLE 41. NUISANCES TITLE 42. PENAL INSTITUTIONS TITLE 43. PROFESSIONS AND BUSINESSES TITLE 44. PROPERTY TITLE 45. PUBLIC OFFICERS AND EMPLOYEES TITLE 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TITLE 47. RETIREMENT AND PENSIONS TITLE 48. REVENUE AND TAXATION TITLE 49. SOCIAL SERVICES TITLE 50. STATE GOVERNMENT TITLE 51. TORTS TITLE 52. WATERS OF THE STATE, PORTS, AND WATERCRAFT TITLE 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Georgia Titles

•Find others with the same Title (category) as you.•Work as a committee to rewrite/recommend a bill

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Three circumstances that result in a bill’s failing to become a law:•It can fail to be voted out of committee; •it can be stopped by the Rules Committee; •a Senate filibuster can force the majority of the Senate to abandon the bill

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How A Bill Becomes A Law•Cut out the squares to be used to fill in the blanks•Glue down as we review the steps

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•Why is the politician hiding behind a wall of sandbags?•What is used to represent sandbags, and why did the cartoonist choose to construct the bunker of these?•Why is the politician compared to a soldier in battle?•How does the cartoon reflect the attitude of the politician toward U.S. voters?