Congress (Part II)

Michael P. Fix

The Details of Article I• Section One: Bicameral

legislature

• Section Two: Length of terms for House members and qualifications for service

• Section Three: Selection of Senators, length of terms

• Section Four: Congressional election process

• Section Seven: How a bill becomes a law

• Section Eight: Powers of the legislative branch

Congressional Powers

Enumerated Powers

Congressional power specifically granted in

Article I of the Constitution

Implied Powers

Powers not specified by the Constitution.

Implied as an extension of

enumerated powers

Enumerated Powers

• Examples of enumerated powers:– Lay and collect taxes– Borrow money– Coin money– Regulate interstate commerce– Declare war– Raise an army and navy– Create inferior courts

Implied Powers

The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Necessary and Proper Clause

Article I, Section 8

Implied Powers

The necessary and proper clause is also called the elastic clause

Expansion of Implied Powers

“Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the constitution, are constitutional.”

McCulloch v. Maryland (1819)

Getting into Congress

Only Constitutional requirements deal with age, length of citizenship,

and residency

Getting into Congress

Aside from the specific requirements set out in the Constitution, other

qualifications are just as essential for those seeking election

Getting into Congress: Practical Requirements

Getting into Congress: Practical Requirements

From www.sportslogos.net, www.sportsillustrated.cnn.com, www.alhazan.com, profile.myspace.com

Getting into Congress: Practical Requirements

From www.flagandbanner.com

Political parties matter in multiple ways:

- Only candidates from the two major parties can win most elections

- If one party is dominate in a district, it is difficult to win from even the other major party

Getting into Congress: Practical Requirements

From www.tull.no

Running against a well-know and powerful opponent often generates an unfair fight.

Getting into Congress: Practical Requirements

The recent Congressional elections show the importance of timing. Some incumbents lost reelection in relatively safe districts because of popular dissatisfaction.

Staying in Congress

Incumbency Advantage

• Name Recognition

• Franking Privilege

• Administrative Staff

• Constituent service

• PACs, Interest Groups and Lobbyists

• Media Access

Reapportionment and Redistricting

The assigning by Congress of congressional seats after each

census. State legislatures reapportion state legislative

districts

The redrawing of congressional and other legislative district lines

following the census, to accommodate population shifts and keep districts as equal as

possible in population

Reapportionment Redistricting

Apportionment and the Constitution

• “Representatives…shall be apportioned among the several states…according to their respective Numbers”

• Orders an “actual enumeration” (census) every ten years

• Constitution does not specify the size of the House of Representatives

Apportionment and the Constitution• Current size of House membership set

in 1912

• Today, each Representative represents 670,000 people

Apportionment and the Constitution

The Constitution does not specifically require that all districts be of the same size

Apportionment and the Courts

The U.S. Supreme Court originally declared issues of apportionment to be a “political thicket” that the courts should stay out of

Apportionment and the Courts

Baker v. Carr (1961)

“One person, one vote”

Apportionment and the Courts

Wesberry v. Sanders (1964)

“One person, one vote” applies to congressional districts

Reapportionment in 2000

Redistricting

In almost all states, the process of redistricting must be undertaken every ten

years to reflect

• changes in the state’s overall population relative the the rest of the country

• population shifts within the state

Gerrymandering

Gerrymandering

The drawing of legislative districts for partisan advantage

The Gerrymander

Gerrymandering

Packing

Lumping opposition voters in one area

Cracking

Splitting up groups of voters so they do

not constitute a majority in any

district

Texas Redistricting Battle

House Majority Leader Tom Delay worked with Republican state legislative leaders to increase the number of Republican congressional districts in Texas from fifteen to twenty-two

Affirmative Racial Gerrymandering

Affirmative Racial Gerrymandering

Drawing district boundary lines to maximize minority representation

Redistricting Iowa Style

Iowa uses a complex computer system administered by a non-partisan commission to draw geographically compact and equal districts

Redistricting Iowa Style

From www.legis.state.ia.us

Political Parties in Congress

• Parties play several key roles in organizing the legislative process:

• Orientation function• Agenda setting• Voting cues• Committee appointment• Majority leadership

United vs. Divided Government

United Government

One political party controls the

presidency and Congress

Divided Government

One political party controls the

presidency and the other controls at least

one house of Congress

United vs. Divided Government

• Between 1896 and 1968 divided government was a rare occurrence– Divided government occurred

approximately 20% of the time

• Since then it has become the norm– Divided government occurred

approximately 80% of the time

Congressional Ethics

Congress is the only “distinctly native American criminal class”

-Mark Twain

From www.famouspeople.com

Congress under fire• The following members of Congress

were subject to ethics investigations in 2006:

• Tom Delay• Bob Ney• Randy “Duke” Cunningham• Mark Foley• William Jefferson

Congress and the President

“An invitation to struggle”

Congress and the President

Domestic vs. Foreign Policy

Congress and the Courts

Statutory vs. Constitutional Questions