Chapter 11- Lawmakers and Legislatures

Denison Middle Civics

Standards• SS.7.C.3.8 • Analyze the structure, function, and processes of the legislative, executive, and

judicial branches. • • SS.7.C.1.7 • Describe how the Constitution limits the powers of government through the

separation of powers and checks and balances. • • SS.7.C.2.9 • Evaluate candidates for political office by analyzing their qualifications, experience,

issue-based platforms, debates, and political ads. • • LACC.68.RH.2.4 • Determine the meaning of words and phrases as they are used in a text, including

vocabulary specific to domains related to history/social studies.

Introduction

11.2- Legislators and Their Constituents

• Most legislators start out in local politics– Ex: city council

• Once they have gathered experience, they may try for a seat in the House of Representatives or the Senate

• As lawmakers move upward on the legislative path, they serve an ever-widening group of constituents- people in their home districts or states

Formal Qualifications: Age and Citizenship Requirements

• The Constitution established formal qualifications for members of Congress

• Members of both Houses must be residents of the state in which they are elected

• Members must also meet certain age and citizenship requirements– House members must be 25 years old and a U.S.

citizen for at least 7 years– Senators must be at least 30 years old and a U.S.

citizen for at least nine years

Informal Qualifications: Race, Gender, Education, and Occupation

• For some 200 years Congress was made up of lawmakers who were white, male, and middle to upper class

• By the late 1960s, a few hundred women had won election to their state legislatures and Congress– By 2006, that number had increased to more than

1,650 women serving as state or national lawmkers

Informal Qualifications: Race, Gender, Education, and Occupation

• In 1971, a combined total of 21 African Americans and Latinos held seats in Congress– By 2007, that number had increased to 73

• Beyond race and gender, at least 2 other informal qualifications still exist: education and occupation– Most legislators have a college degree – The majority of lawmakers have a background in

business or law

Apportionment: Achieving Equal Representation

• The U.S. Senate has 100 seats• The House of Representatives has 435 seats, with each

seat representing one congressional district • House seats are apportioned (divided) among the states

according to each state’s population– Every 10 years, the U.S. Census Bureau counts the nation’s

population– The results of the census are used to determine how seats are

distributed among the states– Based on the 2010 Census apportionment, each member of the U.S.

House of Representatives will represent an average population of 710,767.

Apportionment: Achieving Equal Representation

• The constitutional principle behind apportionment is equal representation- “one person, one vote”

• The idea also applies to the apportionment of seats in state legislatures

• The principle does not apply to the U.S. Senate– As a result, the nation’s least populous state,

Wyoming, has as much power in the Senate as does the most populous state, California• 2010 U.S. Census California= 37,341,989

Wyoming= 568,300

How Legislators See Their Jobs: Delegates Versus Trustees

• Legislators see themselves as fulfilling one of two distinct roles: delegate or trustee– Delegates seek to represent their districts by

responding directly to the wishes or needs of their constituents• First-time lawmakers

– Trustees try to represent their districts by exercising their best independent judgment • More experienced lawmakers

Getting Elected: Turnover and the Power of Incumbency

• Once elected, many legislators stay in office as long as voters keep reelecting them

• Term limits only affect only state legislators• In 1995, the Supreme Court ruled that the

terms of members of Congress cannot be limited except by a constitutional amendment

Getting Elected: Turnover and the Power of Incumbency

• Lawmakers that run for office term after term stand a good chance of being reelected– Since 1945, representatives running for office won

reelection approximately 90% of the time – Around 80%of incumbent senators have won their

reelection bids

Getting Elected: Turnover and the Power of Incumbency

• Incumbents have four main advantages over their challengers:1. Name recognition. Voters are familiar with incumbents2. Office resources. Incumbents can use benefits of their office,

such as staff, mailing privileges, and travel allowances to keep in touch with voters in their districts

3. Campaign funds. Individuals and organizations give money in larger amounts to incumbents than to challengers

4. Bragging rights. Incumbents can point to federally projects- from roads and bridges to defense contracts- that they have won for their districts • These projects are known as pork, because the money for them

comes from the federal “pork barrel,” or treasury

11.3- The Organization of Congress

• The framers of the Constitution viewed Congress as “ the first branch of government”

A Bicameral Legislature: The House and Senate

• The Constitution establishes Congress as a bicameral legislature, consisting of the House of Representatives and the Senate

• The framers expected the House, with its larger size and more frequent elections, to act as the “people’s body”

• The Senate, whose members serve longer terms were originally chosen by state legislatures, was meant to be a more elite chamber that would act as a steadying influence on Congress

Leadership Roles in the House

• Since the 1800s, Congress has based its organization on the two major political parties

• In each house, the majority party- the one with the most seats- controls the agenda

Leadership Roles in the House

• There are 3 leadership roles in the House:1. Speaker of the House- Has more power and prestige then any

other leader in Congress• Nominated by the majority party but wins the position through a vote of

the entire House• The speaker presides over the House, assigns bills to committees, and

appoints members to special committees and commissions

2. Majority and minority leaders- Are elected by their respective parties • Their duty is to manage legislation on the House floor• The majority leader is the majority party’s second in command

3. Majority and minority whips- assistant floor leaders are responsible for keeping the leadership informed and persuading party members to vote along party lines

Leadership Roles in the Senate• There are 5 main leadership positions in the Senate:

1. President of the Senate. The Constitution assigns this position to the vice president.

2. President of the Senate pro tempore. Is the most senior senator of the majority party and may preside over Senate sessions when the vice president is not there.

3. Majority leader. Serves as the spokesperson for the party that holds the most seats in the Senate. The majority leader must work with party members and the minority leader to move legislation to a vote

4. Minority leader. This leader helps shape minority party policy and devise strategies for stopping majority-sponsored bills opposed by the minority party.

5. Majority and minority whips. The main duty of these assistant floor leaders is to stand in for the majority and minority leaders

The Congressional Committee System

• Congress has 5 types of committees that help assist in the lawmaking process:1. Standing committees. Permanent committees

that handle most legislative business. Each standing committee has its own broad area of responsibility, such as homeland security of foreign affairs. Another key duty is to gather information through hearings and investigations

The Congressional Committee System

2. Subcommittees. Do the work of reviewing all proposed legislation.

3. Select or special committees. Formed occasionally by both houses to investigate specific problems. These committees are usually temporary.

4. Joint committees. Congress has a small number of permanent joint committees made up of members of both the House and Senate.

5. Conference Committees. Is a temporary kind of joint committee. It is used to iron out to versions of a bill passed by both the House and the Senate.

Staff and Support Agencies

• The House and Senate each employ around 1,000 committee staffers to support the work of their various committees

• Representatives average about 16 staffers apiece, while senators average about 40 staff members each

• Personal staff members perform tasks such as answering constituents questions to writing speeches and drafting bills

Caucuses and Coalitions

• Members of Congress have formed over 100 unofficial groups called caucuses to peruse particular goals and interests

• MAKE CHANGES

11.4- The Work of Congress

• Members of Congress have two distinct but interrelated jobs: they must represent their constituents in their districts or states, and they must perform their constitutional duties as national legislators

The Powers of Congress

• Article I of the Constitution states that Congress shall have “all legislative powers”

• The specific powers given to Congress include the authority to:– Levy taxes– Borrow money– Regulate interstate commerce– Coin money– Declare war

The Powers of Congress

• The Constitution also authorizes Congress to “make all Laws which shall be necessary and proper” for carrying out those-enumerated- powers