In the United States, Congress refers to the legislative
branch of government.
Congress
is the legislative branch of the US government. This
means that only Congress can make laws (legislation). The
legislative powers of the House and the Senate are different. Unicameral:
one house Bicameral:
two houses The
Constitutional Convention decided that the House of Representatives would be
elected by proportion of free citizens and 3/5 for slaves, with no
representation for Indians not paying taxes.
The
number of representatives has changed over the years to reflect population
growth. In
1789, there were 59 representatives. In
1911, the total number of representatives was fixed at 435. Every
state is equally represented in the Senate.
What are the qualifications for members of Congress?
Congress members do not have to own property.
Congress members must be residents of the states they
represent.
There are no limits on religion or sexual preference
Congress members may not be arrested while in
congressional session or going to/coming from Congress, except for treason,
felony, or breach of the peace. Congress members also are entitled to freedom
of speech and debate.
Each house shall keep a journal of its proceedings…
excepting such parts as may in their judgment require secrecy.
Members of Congress are paid by the U.S. Treasury
Department.
From 1789 to 1815, Congress members received
$6.00 per day while in session.
The 2008 salary for members of the House and
Senate is $169,300 per year.
In 1845, Congress voted to set the time of national
presidential elections to the Tuesday after the first Monday in November. This
allowed farmers time to travel to the county seat to vote.
There are no term limits for members of Congress.
Each
member of Congress has staff to assist in fulfilling the duties of office. Administrative
assistants report directly to the representatives. Legislative
directors make recommendations about legislative issues. Press
secretaries communicate with the public and the press. Appointment
secretaries maintain the representatives’ schedules. Caseworkers
prepare replies to the representatives’ constituents.
Congressional Districts
The
number of House members representing each state depends upon the state’s
population as reported in the U.S. Census. The
census is taken every 10 years Each
state is divided into congressional districts of equal population. Every state
has at least one congressional district. There
is one representative for each congressional district.
Qualifications
House:
25 years old
Citizen for 7 years
Resident of the State
Senate:
House:
30 years old
Citizen for 9 years
Resident of the State
Term of Office: House – 2 Years, Senate - 6 Years
An incumbent is a member of Congress running for
re-election.
95% of House incumbents win.
A congressional sophomore is a
representative in his or her second term of office.
The term sophomore surge refers to the
8 to 10% increase in votes usually received by an incumbent running for a
second term.
The House of Representatives
Reapportionment: Every
ten years congressional seats are re-assigned to the states to reflect changes
in the population.
Some states may gain representatives while
others may lose.
Redistricting: The process within the
states of redrawing legislative district boundaries to reflect population
changes following the decennial census.
Districts are supposed to be drawn evenly.
Gerrymandering: Creating districts to
maintain party majorities. The term was first used in 1812, when Governor
Elbridge Gerry redistricted the state of Massachusetts.
United States territories—Puerto Rico, Guam, American
Samoa, the Virgin Islands and the Northern Marianas in 2009 are represented in
the House by five additional members.
These
members may participate in debates. They
cannot vote.
The House of Representatives has tie-breaking powers over
a presidential election if no candidate receives a majority of electoral votes.
The House rules govern the conduct and procedures of the
legislature.
The Speaker of the House of Representatives is the
presiding officer.
The Speaker is second in the presidential
line of succession, after the vice president.
The Speaker is elected on the first day of a
new session of Congress by simple majority vote.
Leader of the majority party.
Presides over the House.
Decides whom to recognize to speak on the
floor.
Rules on appropriateness of motions.
Directs bills to the appropriate committee.
Influences which bills are brought up for a
vote.
Appoints members of special and select
committees.
The House majority leader is elected by the party with
the most members in the House.
The majority leader is second to the Speaker of
the House in the majority party hierarchy.
The role of the majority leader is not
specified by the Constitution.
The majority leader assists the Speaker with scheduling
legislation, managing the House floor and unifying their political party.
The minority leader represents the second-largest party
after that of the Speaker.
The minority leader works to develop
strategies to increase his or her party’s influence on legislation.
The Senate
The Constitution states that the vice president of the
United States is also the president of the Senate.
The most important job of the Senate president is to cast
tie-breaking votes.
The president pro tempore of the Senate is
the highest-ranking senator and the second-highest-ranking official of the
Senate.
The president pro tempore may preside over
the Senate.
The president pro tempore is third in the
line of succession to the presidency.
In Senate, the majority leader, also called the floor
leader, is the spokesperson for the party with the most members in the Senate.
The majority leader is elected by his or her
party.
They schedule the daily legislative program
and establish limits for debate.
The Senate minority leader represents the
other major party.
Originally senators were appointed by the state
legislatures.
The 17th Amendment: Popular Election of Senators Changed
it so that Senators were elected directly by the people.
One-third of the Senate comes up for election every two
years.
As with the House of Representatives, senators are
elected by the plurality rule: the person with the highest number of votes
wins.
Special Duties of the Senate:
Confirm international treaties.
Confirm presidential appointments, such as
cabinet secretaries, Supreme Court justices, and ambassadors.
Put on trial government officials who have
been impeached by the House.
Congressional
Committees
Committees
make Congress’s organization and operation more effective. Committee
membership allows members to develop specialized knowledge of the matters under
their jurisdiction. Committees
oversee government agencies and conduct investigations.
The House and the Senate have separate forms
of committee organization.
They also have separate party leadership.
Both houses of Congress are influenced by
caucuses.
Committee Selection:
First: A new member of Congress
requests to be placed on a committee. Incumbent members usually stay on the
same committee they were on in the previous session.
Second: The Democrats and
Republicans each have a Committee on Committees to select committee assignments
for their Congress members. The selections need party approval.
Third: The
assignment slates are submitted to the full chamber of the House or the Senate
for approval.
Each member of the House and Senate usually serves on two
standing committees. Incumbents become very powerful by remaining on
the same committees over time.
Both the Democrats and Republicans elect a whip at the
beginning of each Congress.
The
term "whip" comes from the British foxhunting term "whipper
in," meaning the hunter's assistant who keeps the hounds together in a
pack.
The
majority and minority whips are responsible for unifying their party members
on important legislation.
Joint conference committees are temporarily formed to
resolve differences in Senate and House versions of the same piece of
legislation before final passage.
Subcommittees are initiated to carry out specific tasks
for the parent committee.
•
Subcommittees investigate and consider
specific bills under the jurisdiction of the parent committee.
Lame Duck Sessions - refers to the time between the November
election and the date (1/3) when the new Congress is inaugurated.
This session includes incumbents who did not
get re-elected.
These members are known as "lame
ducks," as they have very little power.
How a Bill becomes a
Law
A law begins when the constituents of a member of
Congress request action on a particular issue.
First, the bill is researched to be sure that it is
allowed and does not already exist.
The bill is written and introduced to Congress. Only a
member of Congress may introduce a bill. That person is called the sponsor.
The bill is sent to the appropriate committee.
The bill is debated in committee and moved to
a subcommittee.
The subcommittee may mark up or change the
proposed bill.
The subcommittee votes to accept or reject
the changes.
The subcommittee may decide to introduce a
"clean bill" with all the changes.
The bill returns to the full committee for a
vote on whether or not to move the bill forward.
The Chamber Takes a Vote
A simple majority—50% plus one—is needed to
pass bills through the House and the Senate.
A two-thirds majority is needed to override a
presidential veto.
The filibuster is a procedure whereby a
senator or group of senators may speak on any topic for as long as they wish
unless 60 senators invoke cloture.
A filibuster delays the vote and prevents
other legislation from being discussed.
The threat of a filibuster may force changes
or withdrawal of proposed legislation.
If the bill passes with a majority of votes, it will be
sent to the other chamber of Congress.
If two-thirds of both houses of
Congress vote to override the president’s veto, the bill becomes a law.
If Congress does not override
the veto, the bill dies and does not become law.
