Chapter 10

Congress

Section 1

The National Legislature

ObjectivesHow is the lawmaking

function central to democracy

Major Function

•To make laws

Bicameralism

•Legislature made of 2 houses

•Each state represented equally in the senate

•Each state represented in house by population

Terms

•Each term of Congress lasts 2 years

•Numbered consecutively (108th)

•Each term starts Jan. 3, at noon following the congressional elections

Sessions

•2 sessions to each term•1 each year•Adjourned when congress

sees fit, in session most of the year

•Neither house may adjourn w/o the consent of the other

Special Sessions

•Called by the President to deal with pressing issues

•Last special session was in 1948

Section 2

House of Representatives

Representative John Shimkus

Size

•435 members, set by Congress

•Seats apportioned among the states on basis of population

•Each state guaranteed at least 1 seat in the House, regardless of population

•American territories each send a delegate to represent them, but are not members of the House

Terms

•2 years•No limit on number of

terms they can serve

Reapportionment

•Redistribution of seats following the census

•At first House had 65 seats, grew to 435 by 1920

•1929 Congress set number of seats at 435 permanently

•Census Bureau determines how many seats each state has

•Each seat in the House today represents about 620,000 people

Elections

•Congressional elections held on same day in every state

•Party in power typically looses seats in off-year elections

•Members elected either by:–Single-member districts (one representative per district)

–At-large (from state as a whole)

•States responsible for drawing of congressional districts provided that district is:–Contiguous–Compact –Equal in population

•Historically most states have been divided on rural vs. urban basis, rural being over-represented

•Supreme Court decisions ended this practice

•Westbury vs. Sanders –Population differences unconstitutional

•Reynolds vs. Sims–One person, one vote–All congressional districts should be equal

Qualifications

•Members of House must be;–25 years old–Citizen of U.S. for 7 years

– Inhabitant of state elected to

•House judges election returns and qualifications of members

•May punish members for disorderly behavior

•May expel members with 2/3 vote

Section 3

The Senate

Dick Durbin

Roland Burris

Election

•2 senators from each state•Originally chosen by state

legislatures•17th Amendment (1913)

called for direct election of senators by the voters

Terms

•6 year terms, no term limits•Staggered – 1/3 elected each

congressional election•Called a continuous body,

because all seats never up for reelection at one time

•6 year term intended to make senators less subject to public pressure

•Senators are supposed to focus on national interests

•Senators are seen as more powerful than House members

Qualifications

•30 years old•Citizen for 9 years• Inhabitant of state elected

to•Senate may judge

qualifications and exclude a member-elect

•May punish members for disorderly conduct

•May expel members by 2/3 vote

Major DifferencesHouse Senate

•435 members•2 year term•Elected from

districts•25 years old

to qualify•Less prestige

•100 members•6 year term•Elected from

entire state•30 years old

to qualify•More prestige

Section 4

Members

Backgrounds

•Not an accurate cross-section of Americans

Most members of Congress are:

•White•Male•Married•Protestant•Upper-

middle class•College

grads

•Born in the state they represent

•Have considerable political experience

Duties of the Job

•Legislator–Makes laws

•Committee member–Screens bills–Oversees executive branch enforcement of laws

•Constituent Representative–Votes as constituents want

•Constituent Servant–Does favors for citizens

•Politician–Keeps in touch with party leaders and constituents back home

Voting Options

•Trustee–Looks at merit of bill;–Votes based on judgment and conscience

•Delegate–Votes based on how the people back home would vote

•Partisan–Votes with loyalty toward party

•Politico–Balances several factors

Compensation

•Salary–As of Jan. 2002, each member of Congress gets a base pay of $150,000

–Leadership positions get extra compensation

•Non-salary (fringe benefits)–Tax deduction to help keep 2 houses

–Travel allowance–Life and health insurance–Generous pension

–Medical care at military hospital

–Allowances for staff–Franking privilege–Free parking–Restaurant, health club

Privileges

•Congressional immunity –Cannot be arrested while attending Congress, unless for treason, felony, or breach of the peace

–Protects them from arrest for non-criminal offenses

•Speech and Debate Clause–Protects members from being sued for what they say during Congressional business

–Protects freedom of legislative debate