The Legislative Branch

Representative Democracy

What is the governments function in a democratic society?– Translating the public will into public policy in the

form of law

James Madison call Congress “the first branch” of the National Government– Why?

First and longest article is devoted to Congress

Bicameral Legislature

Why did the founding fathers create a bicameral legislature?

Historical Reasons Practical Reasons Theoretical Reasons

Historical Reasons

British Parliament consisted of two houses since the 1300’s

Most of the Framers knew this system Most of the States had already established

bicameral legislatures

Practical and Theoretical Reasons

Practical– Needed to settle the conflict between the Virginia

and the new Jersey Plans– What was this conflict?

Theoretical – Checks and Balances

Saw Bicameralism as a way to diffuse the power of Congress

Terms and Sessions

Each term lasts for two years First term began on March 4, 1789 and

ended two years later 20th Amendment

– What did you think was the purpose of the later start date?

Terms and Sessions Cont.

A session of Congress is that period of time in which Congress meets each year and conducts business

There are two sessions to each term of Congress

Congress adjourns each session as it sees fits– Neither house can adjourn without the consent of

the other

The President has the power to prorogue– Has not been used

President may call Congress to special session– Can call Congress as a whole or individual

houses– This power is not used much any more

House of Representatives Qualifications

Formal Qualifications– At least 25– 7 years a citizen– Resident of the state in which elected

Informal Qualifications– College degree– Political Experience– Resident of District in which elected

House of Representatives

435 members of the House of Representatives

Set by Congress Seats apportioned based on their population Each state is guaranteed at least one seat Serve two years

– No limit on the number of terms they can serve

Reapportionment

Reapportion the seats in the House after each decennial census (10 years)

The Reapportionment Act of 1929– Permanent size 435– Following each Census the Census Bureau

determines the number of seats each state has– When plan is ready it is sent to Congress– 60 days to approve and for it to become effective

Congressional Elections

Held on the Tuesday following the first Monday in November of each even-numbered year.

Off-year election: – held during nonpresidential years

Districts

435 Districts Single member District

– Voters in each district elect its members from many different candidates running for the same spot.

General Ticket system– Elected from the state as a whole– This was done away with

Gerrymandering

1842 Law required each State to draw their own congressional districts– Continuous territory– Equal number of inhabitants– Compact territory

Gerrymandering– District drawn to the advantage of the political party that

controls the state legislature Concentrate opposing voters To spread the opposition as thinly as possible

The Senate

“upper house” 2 members per State which is set by the

Constitution 100 members 6 year term No limit on number of terms they can serve Continuous body

Election of Senators

Originally, the Constitution provide that the State legislators picked Senators

17th Amendment (1913)– Senators elected by the voters of the States– Senate killed this amendment twice before

passing it– Senators chosen at-large

By the whole state

Qualifications for Senators

At least 30 Citizen for at least 9 years Inhabitant of State which elected The Senate, like the House, judges the

qualifications of its members– May exclude a member from the majority vote– May refuse to seat a member elected– May punish its members by majority vote

Congress as a Whole

Five major roles– Legislator– Representative of their constituents– Committee members– Servants of constituents– politicians

How do they represent the people? On what basis do they vote?

Trustees– Believe each question they face must be decided by merits– Conscience and independent judgment are their guides

Delegates– Agents of those who elected them– Vote the way “people back home” would want

Partisans– their views connect with the party– Allegiance to political party

Politicos– Combine basic elements of the first three– Balance their views, party views, and what the people want

Committee members– Screen bill proposals– Decide what will go to the floor– Over sight function

Check to see various agencies in the executive branch are working effectively

Servants– Help people who have various problems with the federal

bureaucracy– Ex. Social Security, passports, small business loans

Compensation

Salary

Non Salary Compensation– Special tax deduction– Generous travel allowances– Office in Senate and House building– Given money to hire a staff– Franking- privilege

Mail items without using postage

Help Wanted Ads

Create a want ad for both a member of the House of Representatives and the Senate

Include:– Qualifications– Responsibilities– Salary– Compensations– A Picture– Color

Presiding Officer

HOUSE Speaker of the House

must be elected every two years

SENATE Vice-President of the

U.S. is assigned by the Constitution to be the “President of the Senate”

Special Powers

HOUSE Brings impeachment

charges May choose the President if

there is no majority in the electoral system

Must start all revenue bills

SENATE Acts as jury in impeachment

trials (2/3 vote needed) May choose the Vice

President if there is no majority in the electoral system

Must ratify treaties with foreign nations by 2/3 vote

Must approves Presidential appointments (majority needed)