1. Chapter 10 Government
The Legislative Branch

2. Legislative Branch – sec 1
Creates law
Congress
Article I, Section I
“All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a
Senate and House of Representatives.”

3. Bicameral Legislature – 2 houses
Why?
1.) Historical – British 3.) Theoretical – One
Parliament had 2 houses house can “check the
since 1300's, so it's other.
what they knew.
2.) Practical – settled
dispute between
Virginia and New
Jersey Plans.
Reflection of
Federalism.

4. Senate – equal representation – each state 2
senators.
House of Representatives – representation based
on population.

5. Term
Each term of Congress lasts for 2 years.
The first term began on March 4th, 1789 and ended
March 4th, 1791.
th
20 amendment in 1933 changed this. They didn't
need the travel time allotted by 1933 so the date was
changed to January 3rd.

6. Sessions
A session of Congress is that period of time during
which each year, Congress assembles and conducts
business.
Sometimes the Congress will start a few days, or
weeks, after January 3rd. This may happen if
January 3rd falls on a Friday or a weekend.
Congress adjourns, ends their session, as they see fit.
No President has ever used their power of prorogue –
which would allow them to end or discontinue a
session.

7. Special Session
used to deal with emergency situations
A President can call Congress into a special session
and this has been done 26 times.
The most recent was with President Truman in 1948.
The Senate has been called into session alone 46 times
but the House never has.

8. House of Represenatative – sec 2
435 members
Article 1, section 2, Clause 3
“the total number of seats in the House of Representatives
shall be apportioned (distributed) among the states based
on their respective populations.

9. http://2010.census.gov/mediacenter/census-data/cens

10. Assignment of seats
Each state is guaranteed 1 seat.
7 states only have 1 seat.
District of Columbia, Guam, the Virgin Island, and
American Somoa have delegates but not full-fledged
members.
Puerto Rico has a resident commissioner.

11. Term
is every 2 years
no limit on how many terms you can serve.

12. Reapportionment
December census – every 10 years – Congress has to
reapportion (redistribute) the seats of the House.
Reapportionment Act of 1929
automatic reapportionment
1.) provided 435 seats – permanent size of House; 2.)
Census Bureau (after each census) decides how many
seats a state will have; 3.) President sends this plan to
Congress; 4.) As long as neither House rejects it within
60 days it becomes effective.

13. Congressional Elections
Date – Congressional elections are held on the same
day in every state. Tuesday following the first
Monday in November of each even numbered year.
Off-year elections – Congressional elections that
occur in the non-presidential years. Last held in
2010.

14. Districts
428 districts within 43 states because 7 states have only one
seat in House.
Single member district – the voters in each district elect one of
the State's representatives from among a field of candidates
running for a seat in the House from that district.
General ticket system – all of the State's seats were filled at-
large – elected from the state as a whole rather from a
particular district. Every voter could vote for a candidate
for each one of the State's seats in the House. done away
with in 1842. With one vote, 7 states still do “at-large.”

15. Gerrymandering
Drawing the districts so that they are to the advantage
of the political party that controls the state's
legislature.
The lines are drawn either: 1.) to concentrate the
oppositions voters in one or a few districts, thus
leaving the other districts comfortably safe for the
dominant party. 2.) to spread the opposition as
thinly as possible among several districts, limiting
the oppositions ability to win anywhere in the
region.

16. http://www.youtube.com/watch?v=3XevN8IR_PA&fea

17. Gerrymandering Goal
To create “safe districts” - districts almost certain to
be won by the party in control of the line-drawing
process.

18. Gerrymandering
Named after Governor Elbridge Gerry of
Massasschusetts who in 1812 drew the State
legislative districts to favor the Democrat-
Republicans.

19. Wesberry v. Sanders
the Supreme Court held that the Constitution demands
that the States draw the congressional districts of
substantially equal proportions.
“One person, one vote rule.”

20. Gerrymandering based solely on race is a
violation of the 15th amendment.
You can't draw lines to include a majority of
African-Americans and/or Latinos.

21. Qualifications for House Members
Formal
1.) Must be at least 25 years of age
2.) must have been a citizen of the United States for at
least 7 years
3.) must be an inhabitant of the State from which he or she
is elected
Custom requires that a representative must live in the
district he or she represents.

22. The House of Representatives
Is the Judge of the Elections, Returns, and
Qualifications of its own members.
In 1900 they refused to seat Brigham H. Roberts of Utah
because he was a polygamist.
None since.

23. Ousted Members
Ousted 5 members over 200 years.
3 in 1861 for supporting the rebellion
Michael Myers (D., Penn.) 1980 for corruption
James Traficant (D., Ohio) 2002 bribery, fraud, tax
evasion.
Disciplined
Barney Frank (D., Mass.) 1990 relationship with a male
prostitute.

24. Informal Qualifications
party identification, name familiarity, gender, ethnic
characteristics, and political experience.

25. The Senate – sec 3
often called the “upper house”
2 per state – 100 senators represent the 50 states.
Election – Historically, the Constitution stated the
th
Senate would be chosen by State legislatures. 17
amendment in 1913 stated they would be picked by
voters in each State at regular elections.

26. Senate Term
6 year term
No limit on terms (Senator Robert Bryd, Democrat
from West Virginia, 1958 to present.)
continuous body – all of its seats are never up for
election at the same time.
Senators represent a larger constituency (the people
and interest they represent) than the House. More
focused on the “big picture.”

27. Senate Qualifications
1.) at least 30 years old.
2.) must have been a citizen for at least 9 years.
3.) must be an inhabitant of the State from which he
or she is elected.
15 members have been expelled by the Senate
1 in 1797 and 14 during the Civil War.

28. Members of Congress
535 members of Congress are not representative of the
American people.
Average is a white male in his early 50's.
More women in Congress than ever.
Nancy Pelosi (D. California) became Speaker of the House in
2007 until John Boehner took over in 2011.
In the 106th Congress(House and Senate) there are 39 African
Americans, 20 Hispanics, 8 Asians and one Native
American. 58 women in the House and 9 female Senators.
10 Jewish Senators and 27 serving in the House.

29. 5 Major Roles of Members of Congress
1.) legislators
2.) representatives of their constituents
3.) committee members
4.) servants of their constituents
5.) politicians

30. Representatives of the People
Trustee – believe each question they face must be
decided on its merit.
Delegate – see themselves as agent of those people
who elected them.
Partisan – are lawmakers who owe their first
allegiance to their political party.
Politico – attempt to combine the basic elements of the
trustee, delegate, and partisan roles.

31. Committee Members
Bills are referred to committees to screen proposals.
Oversight function – committees check to see that the
various agencies in the executive branch are
working effectively and acting in line with the
policies that Congress has set by law.

32. Compensation
Salary - $174,000
Speaker of the House - $223,500
Senates Pro tem and majority/minority floor leaders -
193,400

33. Non-salary Compensation
“fringe benefits”
special tax deduction – to help maintain 2 homes
travel allowances
small amounts for life and health insurance
generous retirement plan
franking privilege – they can mail letters and other
materials postage free by substituting their facsimile
signature (frank) for postage
fine restaurants, 2-first rate gyms, Library of Congress
services, free parking spaces.

34. Some people want to change this....
http://www.youtube.com/watch?v=10i9-97sH00&safet

35. Politics of Pay
Limits
Presidents veto
Fear of backlash of constituents at the ballot box
Membership Privileges
Immune from arrest
Speech or Debate Clause
protects representatives and senators from any kind of libel or
slander