UNIT 3
THE LEGISLATIVE
BRANCH
CH 10: CONGRESS
CH 11: POWERS OF CONGRESS
CH 12: CONGRESS IN ACTION
CHAPTER 10
CONGRESS
SECTION 1:
THE NATIONAL
LEGISLATURE
THE NATIONAL LEGISLATURE
Article I, Section 1 - states that a congress will be
established and have a Senate and House
This creates a Bicameral Congress
Why a Bicameral?
Parliament since 1300
All but two (2) states had bicameral
What state has a Unicameral today? NEBRASKA
THE NATIONAL LEGISLATURE
Why two houses?
Larger states wanted representation on
population
Smaller states demanded equal voice
Bicameralism allows this
Senate 2 per state / House per population
Framers decided on Bicameral for a self-check
Prevents it from overpower Executive and Judicial
THE NATIONAL LEGISLATURE
Each TERM is established for 2 year terms
Began meeting on March 4, 1789
20 Amendment changed start of term
3rd of January every odd numbered year
SESSION - 2 sessions to each year and its a
period of time Congress assembles to
conduct business.
THE NATIONAL LEGISLATURE
ADJOURNS - Congress suspends or ends
session until the next year.
Typically stays in session most of the year.
Does take breaks during a session
Cannot end a session without permission
PROROGUE - the power of the President to
end a session but only when it cannot be
agreed on.
THE NATIONAL LEGISLATURE
SPECIAL SESSION - can only be called by the
President and typically deals with some
emergency.
Only 26 special sessions have been held
Most recent in 1948 by President Truman
anti-inflation and welfare measures post
WWII
CHAPTER 10
CONGRESS
SECTION 2:
THE HOUSE OF
REPRESENTATIVES
THE HOUSE OF REPRESENTATIVES
Size is determined by each state’s population
APPORTIONED - provided by the Constitution
that the House will be based on the states
respective population.
Each state is guaranteed at least one seat
regardless of size.
Article I, Section 2, Clause 1 - Representatives
shall be chosen for two-year terms.
THE HOUSE OF REPRESENTATIVES
REAPPORTION - Congress must redistribute
the seats every decennial (10 years).
Is determined every ten years by the census
Census Bureau develops a plan for
reapportionment. If neither house rejects it then it
goes into effect.
1929 Reapportionment Act sets the House
seats at 435.
THE HOUSE OF REPRESENTATIVES
Elections held on same day in every state
Held on every even-numbered year
OFF-YEAR ELECTIONS - elections held
between presidential elections.
Chosen throughout districts 1 Representative
per district. How many districts? 435
This is known as the SINGLE-MEMBER DISTRICT
THE HOUSE OF REPRESENTATIVES
Most states establish districts based on seats
States that do not utilize districts use
AT- LARGE - elected from the state as a
whole.
What is a disadvantage of using At-Large voting?
1842 Law forces states to utilize singlemember districts. What is the exception?
THE HOUSE OF REPRESENTATIVES
Even with the 1842 Law is it still completely fair?
GERRYMANDERING - districts drawn to
the advantage of the political party that
controls the state legislature.
Very common practice today for state and
federal elections.
Designed to create safe districts.
THE HOUSE OF REPRESENTATIVES
Wesberry v. Sanders 1964 - Supreme Court rules that
Georgia’s congressional districts were so great that it
violated the Constitution.
QUALIFICATIONS
1. MUST BE AT LEAST 25 YEARS OF AGE
2. MUST HAVE BEEN A U.S. CITIZEN FOR 7 YEARS.
3. MUST BE AN INHABITANT OF THE STATE FROM
WHICH HE OR SHE IS ELECTED.
CHAPTER 10
CONGRESS
SECTION 3:
THE SENATE
THE SENATE
2 Representatives per state = 100 seats
Serve for 6 year terms
Originally chosen by State Legislatures
17th Amendment - changed to elected by people
Terms are staggered 33 or 34 terms expire 2 yrs.
CONTINUOUS BODY - all of its seats are never
up for election at the same time.
THE SENATE
Provides some job security
Less susceptible to public opinion and special
interest groups.
Focus more on larger size and geographic
picture of the people or constituencies.
CONSTITUENCIES - the people and interests
the senators represent.
Big Picture Focus
THE SENATE
QUALIFICATIONS
1. MUST BE AT LEAST 30 YEARS OF AGE
2. MUST HAVE BEEN A U.S. CITIZEN FOR 9 YEARS.
3. MUST BE AN INHABITANT OF THE STATE FROM
WHICH HE OR SHE IS ELECTED.
Able to punish members
Expel member with ⅔ vote (15 members)
CHAPTER 10
CONGRESS
SECTION 4:
THE MEMBERS of
CONGRESS
THE MEMBERS of CONGRESS
How do the representatives represent the people?
4 voting options:
1) Trustee - decision based on case merit
2) Delegate - agents of those who elect them
3) Partisan - allegiance to political party
4) Politico - combination of the three
THE MEMBERS of CONGRESS
Screening of measures or bills
Representatives are placed in committees.
The committees screen proposals
It is their decision on what goes to the floor
Also function as an oversight
THE MEMBERS of CONGRESS
OVERSIGHT FUNCTION - the process by
which Congress, through it committees,
checks to see that the various agencies in the
executive branch are acting in line with the
policies that Congress has set by law.
FRANKING PRIVILEGE - the ability to send mail
free by placing their facsimile signature for
postage.