Organization of Congress

SSCG 9 and SSCG 10Ch.5

We have a bicameral legislation – two houses of representation.

The 2 houses are the House of Representatives (Congress) and the Senate.

Collectively the 2 houses are known as the U.S. Congress.

Congress plays a major role in formulating national policies.

Each term of Congress starts on January 3 of odd-numbered years and lasts for two years.

Each term of Congress is divided into two sessions, or meetings. Each session lasts 1 year, with holidays and breaks.

Congress remains in session until members vote to adjourn. Both the House and Senate must have approval of the other to adjourn.

The President can call both back from adjournment for a special session

Qualifications to be a representative in the House of Representatives: (1.) 25 years of age; (2.) a citizen of the U.S. for seven years; and (3.) legal resident of the state they represent.

The House of Representatives has 435 members.

It is the larger of the 2 legislative bodies.

Representation is apportioned, or divided, by population of the state. Each state is guaranteed at least one seat.

Members of Congress are elected to two year terms of office.

Elections are held on even numbered years.

Representatives take office January 3 after the November elections.

90% of those in office are reelected.

Every ten years, the Census Bureau takes the national census, or population count, for the purpose of reapportionment, the population of each state determines the number of representatives the state receives in Congress.

There are only 435 available seats in the house.

Each representative comes from a different district within his/her state.

After each census, population shifts allow for redistricting, the process of setting up new district lines after reapportionment is completed.

States have abused the power of redistricting in two ways – creating congressional districts of very unequal populations, and gerrymandering - the deliberate rearrangement of the boundaries of congressional districts to influence the outcome of elections.

Gerrymandering is done 2 ways: “packing” and “cracking.”

“Packing” is drawing the district lines to include as many of the opponent’s supporters as possible. “Cracking” is dividing the opposition support into other districts.

Qualifications to become a U.S. Senator: (1.) at least 30 years of age; (2.) citizens of the United States for 9 years; (3.) and legal residents of the state they represent.

Senators are chosen at-large, or statewide, by the voters of the state they represent.

Senators are elected on even numbered years.

Senators serve 6 year terms of office.

Senators take office on January 3 after the election in November.

The Senate has 100 members – 2 from each state.

The Constitution says,” the Senate shall be composed of two Senators from each state.”

There is equal representation for each state.

The Senate and House set their own salaries. Currently $174,000 per year for rank and file members. $193,400 for leadership positions; $223,500 for Speaker of the House.

The 27th Amendment prohibits a sitting Congress from giving itself a raise.

They are allowed a cost of living increase if they vote to accept it.

Benefits of members of Congress: stationary; postage for official business ( “franking privilege”); retirement and health benefits; a medical clinic; and a gymnasium.

They also receive generous sums for office staff and assistants, trips home, phones, telegrams, and newsletters.

Privileges given to Congress: (1.) members of Congress may not be charged with a crime if they are on their way to or from Congressional business except for treason, felony, or breach of promise; (2.) can not be sued for anything they say on the House or Senate floor.

The privilege to commit slander does not apply to what Congress says outside of Congress.

In Hutchinson vs. Proxmire (1979), The Supreme Court ruled that members of Congress could be sued for libel for statements they make in news releases and newsletters

The Senate and House both may judge a member’s qualifications and decide whether to seat them.

Each house may refuse to seat an elected official by a majority vote – the power of exclusion.

Each house may also punish its members for bad behavior by a majority vote and expel a member by a two-thirds vote.

Only the most serious of crimes, treason or accepting bribes, are grounds for expulsion.

Lesser crimes may get the rep. a censure – a vote of formal disapproval of member’s actions.

The powers of Congress are in several places in the Constitution.  The most important listing of congressional powers appears in Article I, Section 8 which identifies in seventeen paragraphs many important powers of Congress.

The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." 

Powers of Congress: (1.)Collect taxes, duties; (2.) to pay the debts and provide for the common defense; (3.) borrow money; (4.) regulate trade; (5.) establish a rule of naturalization(6.) coin money; (7.) establish Post Offices and post roads; (8.) declare war; (9.) raise and support an army and navy; (10.) suppress insurrections and repel invasions.

The most distinctive feature of the Congress is the way it is divided and organized along party lines. Democrats and Republicans have alternated control of the Congress since the mid-1800s.

Party competition in the Congress influences everything from where members sit in the House and Senate chambers to who members associate with and how they vote on the bills that come before them.

House leadership is defined in the Constitution. The leader is the Speaker of the House. They are second in line for the secession to Pres., after the Vice Pres.

The second in command is the Majority Leader. The "Leader" will schedule and set up debate and the calendar of activity.

The Whip is the enforcer and communicator and must be an excellent judge of how the other members will act in a given situation.

The Majority Leader of the United States House of Representatives acts as the leader of the party that has a majority of the seats in the house (currently at least 218 of the 435 seats). They work with the Speaker of the House and the Majority Whip to coordinate ideas and maintain support for legislation.

This officer is charged with scheduling legislation for floor consideration; planning the daily, weekly, and annual legislative agendas; consulting with Members to gauge party sentiment; and, in general, working to advance the goals of the majority party.

The Minority Leader of the United States House of Representatives serves as floor leader of the opposition party, and is the minority counterpart to the Majority Leader.

Generally, the minority leader is on the ballot for Speaker of the House during the convening of the Congress.

They usually are the party's top choice for Speaker if party control flips after an election. The minority leader usually meets with the Majority Leader and the Speaker to discuss agreements on controversial issues.

The first Speaker of the House was Frederick Muhlenberg.

Nancy Pelosi, the former Speaker of the House, is the first female Speaker of the House.

Legislation When a bill is introduced in the House, [it is assigned] to the

House committee. If favorably considered, it is reported to the House. If passed by the House, it is sent to the Senate and referred

to the committee. In the Senate committee the bill is passed with

recommended amendments. The approved bill is returned to the House. If one body does not accept the amendments to a bill by

the other body, a conference committee is usually appointed to effect a compromise.

When the bill is finally approved by both Houses, it is signed by the Speaker and the Vice President and is presented to the President.

Once the President's signature is affixed, the measure becomes a law. If the President vetoes the bill, it cannot become law unless it is re-passed by a two-thirds vote of both Houses.

What is the role of committees in Congress?

The role of the legislative branch is to make laws. Committees are organized to hold hearings and investigate so that the Congress can enact laws that are meaningful and necessary.

The various committees are created by subject or topic, to investigate certain types of bills to make sure they are needed and will be effective.

What role does party leadership play in the legislative process?

The party leadership positions of majority and minority leader and majority and minority whip evolved as formal leadership posts.

Leadership is also provided by the chairmen and ranking minority members of the House and Senate committees.

Additionally, members of both Houses have formed blocs, or caucuses, united by region, race, or issues, whose leaders develop prominence and power within their chamber.

Although leadership generally comes through seniority or election to a formal party post, strong, assertive, and charismatic personalities have also exerted influence and leadership over their colleagues even without holding a formal position.