Electing a Congress: Process and History

How did this institution come to be? -

InfluencesO British Parliament O too powerful

O Article of ConfederationO our first Constitution – too weak

O Shays Rebellion

How did this institution come to be? - Proposals

O Virginia PlanO New Jersey PlanO Compromise, Compromise,

CompromiseO Connecticut PlanO 3/5 Compromise

The Congress is Created

O The House of Representatives – “The People’s House”

O The Senate

History of the House and Senate

O Brooks/Sumner

Basic Facts on Congress to start . . .

O 2 Houses (bicameral)O House of Representatives

O QualificationsO 25 years old, citizenship for seven years, residency in

stateO Size

O 435 members (2 year terms)O Number of representatives from a state based on

populationO Determined by Congress (435 since 1911)

O ElectionsO Directly electedO Smaller districts (than Senate)O Revenue bills (taxes) originate in the House

O TermsO Entire body elected every two yearsO Term limits passed by some states but declared

unconstitutional by Supreme Court (1995)

Basic Facts on Congress (cont.)

O 2 Houses (bicameral)O Senate

O QualificationsO 30 years old, citizenship for nine years,

residency in stateO Size

O 100, since smaller less need for strict rules like in House

O ElectionsO Originally indirectly electedO Larger area to represent

O TermsO 6 yearsO Only 1/3 of Senate reelected every two yearsO No term limits

Powers of CongressOEnumerated/Expressed/Delegated

PowersO See Article 1, Section 8O Commerce clause – tested frequently in

courts due to broad interpretation by Congress

O Implied PowersO Based on elastic clause/necessary and

proper clauseO Examples of implied powers: paper

money, air force, CIA

O Institutional PowersO Senate ratifies treaties (2/3 vote)O Senate approves presidential

appointments (maj. Vote)O House votes for impeachment (majority

vote), Senate tries impeachment (2/3 vote to convict)

O House elects President if no electoral majority, Senate elects v.p.

O Proposal of constitutional amendments (2/3 vote in both houses)

O Can seat, unseat and punish own members (unusual)

How does Congress do its work? . . . The Power of

CommitteesOOverview

O Real work of Congress in committees and subcommittees

O Committee FunctionsO Handle legislationO conduct investigations of executive (as needed)O conduct oversight of executive (on-going)

O Committee LeadershipO The party in power chairs all committees and

subcommittees

Obviously this is an important job.

. . So how do you get this job?

Incumbency Advantage – “The Permanent

Congress”O Incumbent

O Office holdersO Advantages of

incumbencyO Franking privilege O StaffersO Name recognitionO CaseworkO Money (esp. from PACs)O Pork barrelO Gerrymandering (House)

O GerrymanderingO Reapportionment

O Census every 10 years determines population and number of seats in a state can change

O If number of seats change then district boundaries change = redistricting and is carried out by party in power in state legislature

O Gerrymandering = form of redistricting where boundaries are redrawn to favor the party in power

O Packing – drawing district lines to concentrate opposing party in a few districts

O Cracking – drawing lines to disperse opposing party throughout the state

O EffectsO Party in power stays in powerO Safe seats created for incumbents, makes more difficult

for challengersO Strangely shaped districts

Illinois 4th Congressional District

ORedistricting requirementsODistricts must be near equal in

populationOBaker v. Carr (1962) – established

“one man, one vote” to state legislative districts to correct overrepresentation (malapportionment) of rural areas

OWesberry v. Sanders (1964) – applied same principle to U.S. House districts

ODistrict lines must be contiguousORacial gerrymandering is prohibited

(Shaw v. Reno, 1993), Race cannot by the primary factor in drawing district lines (Miller v. Johnson, 1995)

Washington State Congressional Map (pre-

2010 census)

Washington State Congressional Map (beginning in 2012)

Congressional Races to Watch this Year

O Sherrod Brown (Ohio)O Bob Casey (Penn)O Bill Nelson (Florida)O Claire McCaskill (Missouri)O John Kyl (Arizona)O Joe Lieberman (CT)O Olympia Snowe (Maine)O Scott Brown (MA)