The Legislative Branch

Article I

Congress

What do you already know?

Constitution?

Houses?

Terms?

Qualifications?

ETC?

House of Representatives

Term: 2 years

Qualifications

25 years old

7 years as a U.S. citizen

Resident of represented state

Custom to live in the district- familiarity with the people they represent

House of Representatives

Number of representatives: 435 Currently GA has 14 Each state has at least 1

Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming

Head of House of Representatives Speaker of the House

Decides the committees each member will serve on

Decides the order in which bills will be heard

Apportionment and Redistricting

The Constitution requires that all Americans be counted every 10 years by a census.

The census determines the representation in the House of Representatives.

Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts) is done by state legislatures and, of course, always has political overtones.

When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

Reapportionment – redistribution of the seats in the House

Began with 65 seats First national census taken in 1790 (4 mil)

Increased # to 106 seats Census of 1910 resulted in 435 seats

Reapportionment Act of 1929 Permanent size of the House is 435 members

Each seat represents approximately 650,000 people Who could change this?

Census Bureau determines number of seats each State should have – after each census

President sends Census Bureau’s plan to Congress for approval

If neither house rejects after 60 days, it becomes effectivehttp://www.census.gov/cbdmap/

Gerrymandering

Congressional districts drawn to the advantage of a political party Party that controls the state legislature

House districts are redrawn by state legislatures after a census-based reapportionment

Origin: Governor Gerry (Mass)

In 1812, drew legislative districts to favor Democratic-Republicans

Factors that affect redistricting Age, Race, Economic status, Party affiliation,

Religion, etc.

House of Representatives

Special Powers of the House of Representatives

All money (appropriations) bills start here

Select the President in an Electoral College tie

Write the article of impeachment against high ranking officials

Senate

Term of office: 6* years

Qualifications:

30 years old

9 years a citizen of the U.S.

Resident of the represented state

Constituencies- people they represent

* 1/3 expire every 2 years- continuous body

Did you know… until the 17 th Amendment in

1913 State Legislators choose Senators

Senate

Number of Senators: 100

Head of the Senate: U.S. Vice President

Day to day head of Senate: President Pro Tempore

Power: Decides committee members and order bill are debated.

Our Current Senators

It’s time for me to retire…

David Perdue (R) v. Michelle Nunn (D)

Senate

Special Powers

Approves all treaties

Approves all appointments

Chooses the Vice President in an Electoral College tie

Acts as the jury in all trials of impeachment

Congress

Both houses:

Must keep a Journal:

The Congressional Record

Must hold sessions at the same time:

Sessions begin January 3rd each year

Must have a quorum to do business:

51% of members present on the floor

Congressional ElectionsSince 1872 elections are held on the Tuesday following the first Monday in November of each even-numbered yearHOUSE OF REPRESENTATIVES

At-large Elected by state as a

wholeParty with plurality of

voters had advantage

Single-member district Voters in each district

choose from a field of candidates

SENATE

1/3 of senators are up for election every two years

3 classes of senators

Only one senator from a state is elected in any given election

Congress

Both houses make their own rules for behavior and punishments

Censure: formally reprimand, written in the record

Fines and penalties may be set for some offenses

Expulsion: members with gross misconduct may be thrown out of office

Privileges and Compensation of Congress members:

Salary $174,000 per year- “Rank and File” members

Senate LeadershipMajority Party Leader - $193,400Minority Party Leader - $193,400

House LeadershipSpeaker of the House - $223,500Majority Leader - $193,400Minority Leader - $193,400

A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votes to not accept it.

Privileges and Compensation of Congress members:

FREE Medical and dental benefits

Free office, parking, and trips to home state

Staff budget

Tax break on second home

Franking privilege- free postage on all mail to constituents

Immunity or legal protection:

Cannot be sued of anything they say or write while carrying out their duties

Cannot be arrested for minor offenses while Congress is in session

May not hold in other political office at the same time

Congressional Leadership

Senate

President of the Senate Vice President of the U.S. Casts vote only when necessary to break a tie

President Pro Tempore – “for the time being”

Serves in VP’s absence Traditionally the senior member of the

majority party Cannot vote to break a tie

Joseph Biden

Patrick Leahy

Congressional Leadershipcont’d

Senate Majority Leader

Harry Reid (D)

Majority Whip

Richard Durbin (D)

Senate Minority Leader

Mitch McConnell (R)

Minority Whip

John Cornyn (R)

Floor leaders are elected by members of their own party

One serves as majority leader; one as minority leader

Serve as spokesmen for parties’ positions

Whips are also elected by both parties

Responsible for counting heads and gathering party members for votes or quorum calls

Congressional Leadership cont’d

House of Representatives

Speaker of the House (Leader of the majority party)

Acts as leader of the House Elected by whole House Presiding officer and administrative head

Majority LeaderRepresents Republicans on House floor

Majority Whip Assists leadership in managing legislation

John Boehner (R)

Kevin McCarthy (R)

Steve Scalise (R)

Congressional Leadershipcont’d

Democratic LeaderNancy Pelosi (D)Represents Democrats on the House

floor

Democratic WhipSteny Hoyer (D)Assists leadership in managing

party’s legislative policy

The Representational Role of Members of Congress How should an elected official represent his/her constituents?

Trustee--representatives use their own best judgment

Delegate--representatives vote the way their constituents want them to

Politico--representatives act as trustee or delegate depending on the issue

Congressional Sessions A Term= 2 years, 2 sessions per term that begin

at noon on January 3rd of every off numbered year Recess (break) several times during a session May not finally adjourn with out the consent of

the other (agreed upon date) The president can “prorogue” (end session) when

the two houses don’t agree- has never happened Prior to WWII, Congress was in session for 3-4

months

Special Sessions

Called by POTUS only May call one or both houses to session.

Congress= 26 in history- last was in 1948 to consider economic issues after WWII

Senate only 46 times- last was in 1933

House- Never has been called alone Today this is often a “threat” to get

the houses to agree

Elastic Clause

STRICT CONSTRUCTIONIST

Led by Thomas Jefferson

Congress should be able exercise only

expressed powers

implied powers that are absolutely necessary

Best government is one which governs least

LIBERAL CONSTRUCTIONIST

Led by Alexander Hamilton

Country needs an “energetic government”

What factors have led to an expansion of government power through the use of a liberal constructionist view?

• Wars• Economic Crises• National emergencies

The necessary and proper clause gives Congress the power to make laws “necessary and proper” to carry out the delegated dutiesAlso known as the ‘elastic clause’ it stretches the power given Congress

Congress has the power to:

Lay and Collect Taxes (“power of the purse”)

Purposes:

Pay debts

Provide for the common defense and general welfare

Borrow Money

Issuing of Bonds

Regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes

All movement of people and things across state lines

Includes communication

Pass environmental protections or consumer protections

Congress Has the Power To:

Establish Uniform Rule of Naturalization Process of becoming a citizen

Coin Money and Regulate its Value What agency was created by Congress in order to regulate the nation’s

money supply?

Establish Post Offices Postal service pays no state taxes

Obstruction of postal service is federal crime

Copyright and Patent Protection Copyright – life of author + 70 years

Patent – 20 years

Create Lower (Inferior) Courts and Set Jurisdictions/Duties

Congress has the Power to:

War Powers

Declare War

Raise and Support Armies

Provide and Maintain a Navy

Provide for Calling Forth of a Militia

Make Laws “necessary and proper for carrying into Execution the foregoing Powers”

Elastic Clause

Enables Congress to also enact legislation necessary for the carrying out of the powers of the other branches

Powers denied Congress

Congress could not make laws concerning slave trade until 1808

Cannot suspend the writ of Habeas Corpus- must show cause for holding a suspect except in wartime

No ex post facto law- cannot punish a person for an act committed before there was a law against it.

No direct tax- the 16th amendment allows income tax

No tax on exports

All states must be treated the same

Congress must approve all expenditures of the President through laws

No titles of nobility

Lawmaking

Only a member of the House or Senate may introduce a bill but anyone can write a bill.

Over 9,000 bills are proposed and fewer than 5 to 10% are enacted.

Most bills originate in the executive branch. A bill must survive three stages to become a

law: committees, the floor, and the conference committee. A bill can die at any stage.

How a Bill Becomes a Law

http://www.youtube.com/watch?v=FFroMQlKiag

The legislative process

Step 1:INTRODUCTION OF BILL

Anyone can write a bill Only a member of Congress may introduce a bill

House of Representatives

New bills are dropped in the “hopper”

Senate

Bills are given to clerks to be introduced

The Legislative Process

http://www.senate.gov/pagelayout/committees/d_three_sections_with_teasers/committees_home.htm

http://house.gov/committees/

Legislative Process

Step 2 cont’d:

Bill is first considered in a subcommittee

Accepted, Amended, or Rejected

If moved forward, bill then goes to full committee

Accepted, Amended, or Rejected

Committees and Subcommittees investigate merits and flaws of bills by:

Inviting experts, advocates, opponents

Provide testimony

Can be subpoenaed

Approval in full committee results in the bill being reported to floor of House or Senate

The Legislative PRocess

Step 3:

BILL ON THE FLOOR

Majority leadership – decides when bill will go on calendar for consideration

Debate Process:

House of Representatives

Members get only a few minutes to speak

Amendments to the bill are limited

Senate

Members can speak as long as they would like

Have ability to “filibuster” bills

No limit on amendments

Vote of simple majority needed to pass bill

The Legislative process

Step 4:

BILL GOES TO OTHER HOUSE OF CONGRESS FOR APPROVAL

Same process

Bill must pass both houses of Congress before it goes to President for consideration

Step 5:

CONFERENCE COMMITTEE

Consists of members from both houses

Convened to bring bills into alignment

Produce a conference report – final version of bill

Each chamber votes again on conference report

If approved, bill is signed by the Speaker of the House and the President of the Senate

Bill is then sent to the President

The Legislative process

Step 6: PRESIDENTIAL CONSIDERATION

President’s Options:

1. Sign the bill into law

2. Veto the bill and send it back to Congress Congress can override with 2/3 vote in both houses

3. Take NO action IF CONGRESS IS IN SESSION - Bill becomes law in 10

days IF CONGRESS IS NOT IN SESSION – Bill dies

Congress cannot override; Must start all over

Committees

Standing Committee Permanent committees that specialize in a particular

area of legislation Most legislative work takes place within these

committees Average number of members

Senate – 20 members; House – 40 members Committee membership reflects party proportions

Joint Committee Made up of members of both House and Senate Usually weaker than standing committees

More investigative in nature Often lack authority to report legislation

Committees Cont’d

Special/Select Committee Temporary committee created for specific

purpose Ex. - Watergate scandal

Conference Committee Also a temporary committee Job is to work out differences between House

and Senate versions of a specific billMembers are taken from both House and Senate

Individuals who were involved in committees and subcommittees

Bills and Resolutions Bill - Proposed law

Resolution (act or process of resolving) Deals with matter in one house of Congress

Ex. – new rule of procedure

No force of law

Joint Resolution Proposal for action that has force of law Usually for special circumstances or temporary matters (emergency)

Submitted just like a bill

Except for proposal of constitutional amendments

Concurrent Resolution Statement of position on issue (adopted by House and Senate) For creation of joint committee No force of law

Ex. - Congressional budget resolution; Adjournment of Congress

Filibuster facts

The filibuster is an attempt to…

“talk a bill to death”

Minority attempting to delay or prevent the Senate from acting (voting) on a measure

Requirements: Must stay standing Must speak more or less

continuously May yield the floor for a

question

Longest: Strom Thurmond - 1957

24 hours, 18 minutes

Alfonse D’Amato - 1986 23 hours, 30 minutes

Wayne Morse - 1953 22 hours, 26 minutes

Robert LaFollette - 1908 18 hours, 23 minutes

William Proxmire - 1981 16 hours, 12 minutes

Cloture RuleSenate Rule XXII

Cloture – limiting of debate

Rule established in 1917 after blockage of bill arming merchant vessels

Process:

Petition submitted at least 16 members

Support of at least 3/5 of entire Senate (60 members)

Once passed, no more than 30 hours of floor time may be spent on measure

Senators are hesitant in using rule

Dedication to free debate

They may want to use the filibuster in the future

Quorum Calls

Another method of extending debate

Quorum - # of senators needed to do business Constitution requires a majority of

senators for a quorum

Quorum call – call of roll to establish whether quorum exists

Passage of Bills

Bills usually deal with a single issue

“Riders” are attached

Provision unlikely to pass on its own

A majority of bills introduced are “pigeonholed”

Put away and never acted upon – die in committee

Any bill that has remained in committee for 30 days may be forced out by discharge petition

Motion must be signed by majority of House (218 members)

Passage of Bills

Types of Votes:

Voice vote

Presiding officer states question

Members vote “yea” or “nay”

Names not recorded

Standing vote

All for and against stand to be counted

Roll call vote

Senator votes “yea” or “nay” as his/her name is called by the clerk

Names of voters are recorded

Process has been computerized

Actions of Representatives:

Partisans

First allegiance is to party

Follow wishes of party leaders

Trustees

Consider each issue independently

“Call it as I see it”

Delegates

Servants of those that elected them

Political Parties & Interest Groups

Interest groups: groups of people with common concerns who join together to influence government policy

Public policy: a plan of action that addresses a problem to benefit the greater good

Definitions

Differences between PP’s & IG’sPolitical Parties Interest Groups

Nominations Responsible for the nominating process

Hope to influence who is nominated

Government

Effect

Interested in winning elections and controlling government

Interested in influencing the policies created by government

Areas of Focus

The entire range of public affairs

Only the issues that their members are concerned about

Functions of Interest Groups

Raise public awareness

Represent people who share attitudes instead of geography

provide specialized information to government agencies/legislators

keep tabs on public agencies and officials.

Encourage competition

Some Problems…

Too much influenceWho represents who??Things are not always what they

seemBribery, threats, and so on…

Different Interest GroupsTypes of Interest Groups

Purpose Example

Economic Interest Groups

Govt. policies that affect how they do business and earn money

Labor unions, business and trade groups

(UFT, TWU)

Environmental Groups

Environmental issues The Sierra Club, The Audubon Society

Public Interest

Groups

Public policies that benefit all or most Americans

The American Civil Liberties Union

Others- Single Interest, NGOs

Prominent Interest Groups AFL-CIO

Represents labor unions

American Farm Bureau Federation Represents farmers

AARP – Senior Citizens

Sierra Club – Environmental Issues

NAACP – African American Rights

National Rifle Association (NRA) Gun Control

The National Rifle Association

• 36 million members• Offers a wide array of

material benefits like insurance and magazines

• One of the most influential lobbying groups in D.C.

AARP: The Nation’s Most Powerful Interest

Group

The Influence of Lobbyists

Who Are the Lobbyists?•Lobbyists are former public servants.•Lobbyists are experienced in government.•Lobbyists often go to work for one of the interests they dealt with while in government.What Do Lobbyists Do?•Many lobbyists participate in issue networks or relationships among interest groups, congressional committees, subcommittees, and government agencies that share a common policy concern. •Interest groups provide money for incumbents.•Interest groups provide information of two important types.

Lobbyist

Lobbyists speak for the interests of the groups they represent

Much like a member of Congress represents his/her constituency

Assist in connecting the interests of the people with the government that acts to serve them

The Influence of Lobbyists

What Do Lobbyists Do? (cont.)•Interest groups sometimes attempt to influence legislators and regulators by going directly to the people and urging them to contact public officials.

Interest groups seek to influence politics and public policy by spending money on elections in several ways.

• to candidates for their election campaigns, especially in contested races.

• to political parties.• to other interest groups.• to the members of their group, including employees.

Money and Politics

Lobbyist Techniques

Meetings with Lawmakers

Campaign contributions

Info to Govt. Officials

Letters & emails

Media

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New Rules – New Consequences

The Honest Leadership and Open Government Act of 2007 was enacted into law on September 14, 2007.

The law is far-reaching and significantly changes the system governing lobbyists and organizations that employ lobbyists.

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New Rules – New Consequences

Among the changes in the law: Bans gifts from lobbyists and lobbyist

employers to Members of Congress and their staff

Significantly increases the frequency and scope of lobbyist disclosure (including with respect to contributions)

Holds lobbyists and lobbyist employers liable for improper gifts and disclosures

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New Gift Rules

Bottom line: With limited exceptions, lobbyists, entities that employ or retain lobbyists and foreign agents are prohibited from giving ANY gifts to Members of Congress or staff Ban applies to all employees of a company that

employs or retains lobbyists

Lobbyists must now certify compliance with gift rules

Subject to potential civil and criminal penalties

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New Gift Rules What is covered?

Meals Personal

hospitality Discounts

Entertainment Transportation Lodging

The term “gift” essentially means The term “gift” essentially means anything of monetary value, anything of monetary value, includingincluding——

65

Exceptions to Gift BanPersonal Friendship

Gifts up to $250 based on personal friendship are permissible. Factors include—

History of the relationshipTax deduction or reimbursement

sought? Similar gifts given to other Members

or staffers?

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Exceptions to Gift BanWidely Attended Events

Free attendance at conferences, conventions, dinners and other events is permissible if–

Event is “widely attended”; Invitation came from sponsor of

event; and Attendance is related to official

duties

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Exceptions to Gift BanOther types of permissible events

Appetizers only Charity Fundraisers

- Charity must be recognized by IRS

- Invitation must come from sponsor

Fundraising and Campaign Events

National Convention Events

Lobbyists in Georgia

Must issue disclosure report of the following:

“purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value for the purpose of influencing the actions of any public officer or public employee; . . . any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer; . . . [and] any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received.”

Must provide info regarding:

Name of individual or group

Amount/Description of Expenditure

Bill or regulation information (# or description)